HPROP (PTY) Ltd v Venn and Muller Incorporated (53599/2021)
HPROP (PTY) Ltd v Venn and Muller Incorporated (53599/2021) [2022] ZAGPJHC 879 (9 November 2022)
The court found that the applicant failed to establish a liquidated claim suitable for summary judgment, as there were conflicting versions regarding the rental amount and errors in the calculations. The respondent placed both the form and terms of the lease agreement into dispute, raising triable issues regarding whether a tacit or oral agreement existed and the precise terms thereof. The deponent to the summary judgment affidavit did not demonstrate sufficient personal knowledge of the facts, particularly regarding the alleged tacit agreements. The court held that the disputes regarding the…
Source excerpt
- Summary Judgment
- Tacit Agreement
- Lease Dispute
- Liquidated Claim
- Jurisdiction
- Waiver Clause