Automated Summary
Key Facts
The Appellant, Cecile Hodoul, and the Respondent, Kannu's Shopping Centre (Pty) Ltd, agreed to a consent judgment. The Respondent will continue to occupy the premises in the Bel Etang Building at Mont Fleuri from April 16, 2008, to April 16, 2009, paying a monthly rent of Seychelles Rupees 10,000/- in advance. They must vacate by the specified date and leave the premises in good condition, with each party bearing their own costs.
Issues
Whether the Appellant's consent to the Respondent's continued possession of the premises for one year with monthly rent is valid and enforceable under the terms agreed.
Holdings
- The Appellant consents to the Respondent continuing in possession of the premises for one year, from April 16, 2008, to April 16, 2009.
- The Respondent must vacate the premises by April 16, 2009, and under no circumstances remain beyond that date.
- The Respondent shall pay a monthly rent of Seychelles Rupees 10,000/- in advance by the 5th of each month starting from May 2008.
- The Appellant and Respondent agree to judgment being entered by the court as per Clauses 1 to 4, with each party bearing their own costs.
- The Respondent is required to surrender the premises in a well-maintained and clean condition upon vacating.
Remedies
- The Appellant consents to the Respondent continuing in possession of the premises, namely the unit situated in the Bel Etang Building at Mont Fleuri, for a period of one year commencing from the 16th of April 2008 and ending on the 16th of April 2009.
- The Respondent shall pay, as from May 2008, a monthly rent of Seychelles Rupees 10,000/- to the Appellant, which rent shall be payable in advance not later than the 5th day of the month for which the rent is due.
- The Appellant and Respondent agree to judgment being entered by the court in terms of Clauses 1 to 4 above and each party to bear respective costs.
- Upon vacating the premises, the Respondent shall surrender the premises to the Appellant in a well-maintained and clean condition.
- The Respondent shall vacate the premises at the latest by the 16th of April 2009. For avoidance of doubt, the Respondent shall not remain in possession beyond the 16th of April 2009 under any circumstances.
Legal Principles
The court entered a judgment by consent based on the parties' agreement to the Respondent's continued possession of the premises under specified conditions, including a one-year term with monthly rent payments and eventual surrender of the property.
Passage Text
- 1) The Appellant consents to the Respondent continuing in possession of the premises, namely the unit situated in the Bel Etang Building at Mont Fleuri, for a period of one year commencing from the 16th of April 2008 and ending on the 16th of April 2009.
- 2) The Respondent shall pay, as from May 2008 a monthly rent of Seychelles Rupees. 10,000/- to the Appellant, which rent shall be payable in advance not later than the 5th day of the month for which the rent is due.