Hencetrade 15 (Pty) Ltd v Tudor Hotel Brasserie & Bar (Pty) Ltd (15275/2015)
Hencetrade 15 (Pty) Ltd v Tudor Hotel Brasserie & Bar (Pty) Ltd (15275/2015) [2016] ZAWCHC 54 (16 May 2016)
The court found that there was no reasonable prospect that the Supreme Court of Appeal would overturn the judgment, even if it reconsidered the approach in Pilco Investments and adopted the reasoning in Thompson v Scholtz. The respondent's reliance on the exceptio non adimpleti contractus was irreconcilable with the reasoning in Thompson, which favoured the remission of rental principle. The respondent would still have been in arrears on the reduced rental, and the lease was effectively amended to exclude the third floor. Therefore, the respondent had no valid defence to resist eviction or pa…
Source excerpt
- Remission Of Rental
- Exceptio Non Adimpleti Contractus
- Lease Amendment
- Eviction
- Reciprocal Obligations