South Africa: North Gauteng High Court, Pretoria

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Warberth Holdings (Pty) Ltd v Maidson Place CC t/a Flying Dutchman Restaurant (71979/09) [2010] ZAGPPHC 109 (6 September 2010)

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IN THE HIGH COURT OF SOUTH AFRICA

(NORTH GAUTENG HIGH COURT, PRETORIA)

CASE NO: 71979/09

DATE: 06/09/2010

In the matter between:

WARBERTH HOLDINGS ( PTY) LTD Plaintiff

and

MAIDSON PLACE CC

t/a THE FLYING DUTCHMAN RESTAURANT Defendant


JUDGMENT


MURPHY J

1. This matter, an application for summary judgment, came before me in April 2010 and I reserved judgment.

2. Unfortunately, I have been unable to attend to it. Because it involves an application for eviction it needs to be dealt with immediately.

3. I am persuaded that the applicant is entitled to the eviction order it seeks because the respondent refused to pay the rental without due cause. I will elaborate on my reasons for that finding should either party request additional written reasons.

4. With regard to the claim for arrear rentals, I am satisfied that the respondent has raised a bona fide defence sufficient to avoid summary judgment.

5. In the result, the following orders are issued:

i) The plaintiff is granted summary judgment in the form of an order evicting the defendant from the premises.

ii) The defendant is granted leave to defend the action for payment of rental.

iii) Costs are reserved.


JR MURPHY

JUDGE OF THE HIGH COURT


Date Heard: 13 April 2010

For the Applicant: Adv S Strauss, Pretoria

Instructed By:Surita Marais, Pretoria

For the Respondent: Adv JF Pretorius, Johannesburg

Instructed By:Zwiegers Attorneys c/o Gross Papadopulo & Associates, Pretoria