This is an application to compel the respondent to provide certain information pertaining to the review of the rentals in the lease agreement between the respondent and the lessor in the principal lease agreement. The draft order also seeks a declaration to the effect that the applicant is entitled to such information in terms of the contract of lease between it and the respondent and that a failure/refusal to provide the information constitutes a breach of the lease agreement. The alternative relief sought in the draft order is for a declaration that the failure/refusal to provide such information violates s... More
The plaintiff ordered an Isuzu KB 250 double cab motor vehicle from the defendant in June 2005. The defendant is a car dealer. The price quoted to the plaintiff for the motor vehicle was $850 000 000-00. The plaintiff paid that sum on 1 June 2005. On 27 June 2005 the defendant, through its managing director, acknowledged receipt of the money and undertook to deliver the motor vehicle within 21 (twenty-one) working days. The motor vehicle was to be imported from South Africa. At the expiry of the twenty-one days there was no delivery. The defendant requested an extension of... More
The plaintiff’s claim was for specific performance. In terms of a written agreement of sale on 1 February 2001 the plaintiff bought from the defendant Stand 644 Marimba Park Township, measuring 6820 m2(hereafter referred to as “the property”). The purchase price was $950 000. It was payable by a cash deposit of $450 000 and monthly instalments of $20 000 commencing on 28 February 2001. A bank account was provided into which the instalments would be deposited. The wording of the agreement of sale regarding instalment payments was as follows: More
This matter came before me as a Chamber Application by the Applicant seeking leave to file a Supplementary Affidavit in interpleader proceedings currently pending under Case No. HCH 53/25. The application was opposed by the third Respondent More
