Relta 25 (Pty) Ltd v Dalinjabo Technical Services CC (25902/2021)
Relta 25 (Pty) Ltd v Dalinjabo Technical Services CC (25902/2021) [2024] ZAGPJHC 1142 (8 November 2024)
The plaintiff established its claim for damages by providing unchallenged evidence of the state of the premises upon the defendant's departure and the cost of repairs. The defendant's plea was a bare denial and failed to raise any substantive defence or challenge the evidence. The defendant's counterclaim for improvements failed as it did not establish the elements of unjust enrichment, and several items had prescribed. The deposit was set off against the damages awarded to the plaintiff. Costs were awarded on a party and party scale, as the claims were heard together and the lease only provi…
Source excerpt
- Lease Dispute
- Damages For Disrepair
- Unjust Enrichment
- Prescription Of Claims
- Set Off
- Costs Award