Viljoen v Louw and Heyl Attorneys (79910/2014) [2017] ZAGPPHC 1036 (20 November 2017)

Viljoen v Louw and Heyl Attorneys (79910/2014) [2017] ZAGPPHC 1036 (20 November 2017)

The court found that clause 15 of the sale agreement, read in the context of ongoing litigation and the applicant's dissatisfaction with the repairs, was intended to preserve the applicant's right to pursue the application notwithstanding the sale and termination of the lease. The respondent's argument that the application was moot was rejected as disingenuous. Given the genuine disputes of fact regarding the adequacy of repairs, which could not be resolved on affidavit, the matter was referred to trial in its entirety. The notice of motion was to stand as simple summons and the answering affidavit as a notice of intention to oppose, with further pleadings and trial procedures to follow...

Citation
[2017] ZAGPPHC 1036
Parties
Applicant: Christian Erasmus Viljoen; Respondent: Louw & Heyl Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 November 2017
Case Number
79910/2014
Procedural Posture
Civil Application / Referral to Trial After Interlocutory Dispute
Outcome
Application not dismissed as moot; referred to trial in its entirety.
Judges
Motepe
Legal Topics
Lease Agreement Dispute, Contractual Interpretation, Mootness, Referral to Trial
Land and Property Civil Procedure Lease Agreement Dispute Contractual Interpretation Mootness Referral to Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Christian Erasmus Viljoen

Applicant

Louw & Heyl Attorneys

Respondent

Procedural Posture

Civil Application / Referral to Trial After Interlocutory Dispute

Legal Issues

  1. 1 Whether the application is moot due to the sale of the property and termination of the lease agreement.
  2. 2 Whether clause 15 of the sale agreement preserves the applicant's right to pursue the application.
  3. 3 Whether the prayer sought by the applicant is competent given the dispute of fact.

Ratio Decidendi

The court found that clause 15 of the sale agreement, read in the context of ongoing litigation and the applicant's dissatisfaction with the repairs, was intended to preserve the applicant's right to pursue the application notwithstanding the sale and termination of the lease. The respondent's argument that the application was moot was rejected as disingenuous. Given the genuine disputes of fact regarding the adequacy of repairs, which could not be resolved on affidavit, the matter was referred to trial in its entirety. The notice of motion was to stand as simple summons and the answering affidavit as a notice of intention to oppose, with further pleadings and trial procedures to follow...

Court Disposition

Application not dismissed as moot; referred to trial in its entirety.

Orders

  • The points in limine raised by the respondent are dismissed.
  • This matter is referred to trial in its entirety.