Zelpy 2058 (Pty) Ltd v Rikhotso (2022/031616) [2024] ZAGPJHC 679 (23 July 2024)

Zelpy 2058 (Pty) Ltd v Rikhotso (2022/031616) [2024] ZAGPJHC 679 (23 July 2024)

The applicant established ownership of the property and proved that the respondent was in breach of the lease agreement by failing to pay rental and utilities. Clause 21.1 of the lease entitled the applicant to cancel the lease immediately without prior notice. The applicant sent a written cancellation notice to the respondent, and actual delivery was proven by email delivery report. The respondent's defence based on an alleged arrangement for accelerated payments was vague and unsupported by evidence of additional payments prior to cancellation. Clauses 23.1 and 23.2 of the lease precluded any waiver of the right to cancel due to indulgence or acceptance of late payments. Even if the...

Citation
[2024] ZAGPJHC 679
Parties
Applicant: Zelpy 2058 (Pty) Ltd; Respondent: Gezani Sydney Rikhotso T/A Rikhotso Attorneys
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 July 2024
Case Number
2022/031616
Procedural Posture
Eviction Application / Final Judgment
Outcome
Application granted: respondent to be evicted and ordered to pay arrear rental and costs.
Judges
Gotz AJ
Legal Topics
Eviction of Commercial Tenant, Arrear Rental Claim, Lease Termination, Rei Vindicatio
Land and Property Civil Procedure Eviction of Commercial Tenant Arrear Rental Claim Lease Termination Rei Vindicatio

Case Brief

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Parties

Zelpy 2058 (Pty) Ltd

Applicant

Gezani Sydney Rikhotso T/A Rikhotso Attorneys

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant validly terminated the lease agreement with the respondent.
  2. 2 Whether the respondent is in breach of the lease agreement due to non-payment of rental and utilities.
  3. 3 Whether the respondent received adequate notice of cancellation of the lease.

Ratio Decidendi

The applicant established ownership of the property and proved that the respondent was in breach of the lease agreement by failing to pay rental and utilities. Clause 21.1 of the lease entitled the applicant to cancel the lease immediately without prior notice. The applicant sent a written cancellation notice to the respondent, and actual delivery was proven by email delivery report. The respondent's defence based on an alleged arrangement for accelerated payments was vague and unsupported by evidence of additional payments prior to cancellation. Clauses 23.1 and 23.2 of the lease precluded any waiver of the right to cancel due to indulgence or acceptance of late payments. Even if the...

Court Disposition

Application granted: respondent to be evicted and ordered to pay arrear rental and costs.

Orders

  • The respondent is liable to be evicted from Offices 0156(S), 0517(S) and 0518(S), Mansion House, 1[…] M[…]t Street, Johannesburg, situated at Erf 5[…] J[…] Township, Registration Division I.R., Gauteng.
  • The respondent shall vacate the property within 14 calendar days of the date of this order, failing which the Sheriff is authorised and directed to evict him from the property.