About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2022
>>
[2022] ZAFSHC 47
|
|
Plexiphon 115 CC v Parys-Aan-Vaal Woonstelle (Pty) Ltd and Another (3489/2021) [2022] ZAFSHC 47 (8 March 2022)
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Case number:
3489/2021
In
the matter between:
PLEXIPHON 115
CC
Applicant
and
PARYS-
AAN- VAAL WOONSTELLE (PTY)
LTD
1
st
Respondent
ROBFAIR
INVESTMENTS No. 162 CC
2
nd
Respondent
HEARD
ON:
This
application was
determined on the
basis of written arguments instead of an oral hearing. WRITTEN HEADS
OF ARGUMENT DELIVERED ON 18 & 22 FEBRUARY
2022
JUDGMENT
BY:
DANISO, J
DELIVERED
ON:
This
judgment was handed down electronically by circulation to the
parties' representatives by email and by release to SAFLII. The
date
and time for hand-down is deemed to be 09H00 on 08 March 2022.
[1]
The applicant seeks leave to appeal the judgment and the orders made
on 20 January 2022 in
the eviction application (âmain applicationâ)
in terms of which the respondentsâ
in limine
challenge
against the validity of the applicantâs answering affidavit was
upheld with the result that an order upholding the cancellation
of
the partiesâ lease agreement was confirmed and the applicant was
ordered to vacate the leased premises by 28 February 2022.
[2]
In the main application the applicant was cited as the respondent and
the respondents herein
were the applicants. For the purpose of
convenience, I shall refer to the parties as they are referred to in
the main application.
[3]
The respondentâs notice of application for leave to appeal was
filed with the Registrar
on 10 February 2022.
On
15 February 2022 the parties were directed to
submit
written heads of arguments for the matter to be determined on the
basis of written heads. The respondentâs written heads
of argument
were due on or before 17 February 2022 but only filed a day later on
18 February 2022. In the respondentâs heads of
argument an order
condoning the late filing of the written heads is sought. The
condonation application is unopposed by the applicants.
[4]
The period of delay in delivering the written
heads is not excessive, the explanation for the delay has been fully
and sufficiently
given and no prejudice has been indicated by the
applicants therefore I hold that there is sufficient cause warranting
the court
applying its discretion in the respondentâs favour. It
is
also in the interests of the applicants as well that this matter is
progressed.
Condonation for the
late filing of the respondentâs written heads of argument is hereby
granted.
[5]
The background facts of this matter are illustrated in the main
judgment, paragraph 1 to 3 thereof.
I therefore deem it unnecessary
to repeat them in this judgment.
[6]
In the grounds of appeal including the heads of argument the
respondent has regurgitated the
arguments presented in the main
application. The reasons for my conclusions in this regard are
illustrated in my written judgment
and having regard to what is
deliberated in the judgment, Iâm not persuaded that the issues
raised by the respondent in its grounds
of appeal
would have reasonable prospects of
success. There is also no compelling reason why the appeal should be
heard. The respondentâs
application
for leave to appeal stands to be dismissed.
[7]
In the result the following order is made:
1.
The application for
leave to appeal to the full bench of this division against my
judgment granted on 20 January 2022 is dismissed
with costs.
NS DANISO, J
APPEARANCES:
Counsel
on behalf of Applicant:
Adv. J. Ferreira
Instructed
by:
Bezuidenhouts Inc
BLOEMFONTEIN
Counsel
on behalf of Respondents:
Adv. GSJ van Rensburg
Instructed
by:
Symington & De Kok Attorneys
BLOEMFONTEIN