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[2010] ZAGPPHC 109
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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)
I
N
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
REST
AURANT
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