RFC Development (Pty) Ltd v Omeida Trading 420 CC t/a Caffe Rossini The Core and Others (A5012/2018)
RFC Development (Pty) Ltd v Omeida Trading 420 CC t/a Caffe Rossini The Core and Others (A5012/2018) [2019] ZAGPJHC 459 (18 October 2019)
The appeal succeeded because the admitted facts established the existence and terms of the lease agreement, the period of occupation, and the failure of the first respondent to pay the agreed rentals. The respondents did not provide evidence to challenge the quantum of the claim or the payments made. The certificate relied upon by the appellant was not a certificate as envisaged by the suretyship, but the quantum could be calculated mathematically from the admitted facts. The court a quo materially misdirected itself in granting absolution from the instance. The cross appeal failed as the lea…
Source excerpt
- Commercial Lease
- Quantification Of Claim
- Suretyship Certificate
- Public Policy Contracts
- Unconscionability
- Costs Award