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Media 24 (Pty) Ltd v National Pride Trading 452 (Pty) Ltd (341/2010) [2014] ZAECPEHC 81

Media 24 (Pty) Ltd v National Pride Trading 452 (Pty) Ltd (341/2010) [2014] ZAECPEHC 81

28th November 2014

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  • Media 24 (Pty) Ltd v National Pride Trading 452 (Pty) Ltd (341/2010) [2014] ZAECPEHC 81
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[1] The plaintiff caused summons to be issued against the defendant for a rental claim in the amount of R1,023,948.39 (excluding VAT).   The claim is for the outstanding rental for the months of September 2010 to 30 April 2011 and a pro rata     amount from 1 to 24 May 2011, in terms of the written lease agreement entered into between the parties.

[2] In resisting such claim, the defendant raised a number of defences in its plea.  However for the present purposes the issue for adjudication is very crisp and it relates to the proper interpretation of clause 7.3 of the sale agreement entered into between the plaintiff and Lococo 4 (Pty) Ltd (“the Lococo sale agreement”).  Relying on clause 7.3 of the Lococo sale agreement the defendant alleges that all rights, title and interests in the lease agreement were ceded to Lococo and accordingly plaintiff lack locus standi.  The history of the matter is succinctly summarised in the stated case filed by the parties and is as follows.  On 08 January 2008, the parties concluded the written lease agreement which terminated on 31 December 2009 (“the first lease agreement”).  However, defendant continued with the occupation of the property which was the subject matter of the said lease agreement.

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