Timothy Nhamo Nyamweda v Innocent Benza and Patience Benza and Herentals Group of Schools

Key Issues

• {"issue_text":"Whether the third respondent was properly cited","issue_type":"procedural","dispositive":"no","related_facts":"First respondent is Managing Director of third respondent; third respondent operates from the premises"}
• {"issue_text":"Whether the respondents are in arrears as stated by the applicant","issue_type":"fact","dispositive":"yes","related_facts":"Respondents admitted not paying full rentals for 10 months; clause 6a required cash delivery"}
• {"issue_text":"Whether there was any novation of the lease agreement","issue_type":"fact","dispositive":"yes","related_facts":"Respondents claimed temporary novation; applicant denied it"}
• {"issue_text":"Whether the applicant met the requirements for a summary judgment to be granted","issue_type":"law","dispositive":"yes","related_facts":"All factual findings on breach and defence"}

Background