Denton loses in bid for eviction

THE Port Elizabeth High Court has dismissed an application brought by Irish businessman Ken Denton's Ummi Properties for summary judgment against Brazilia Fusion Restaurant to evict the eatery as a result of rent being overdue.

The restaurant, located at Unit 12 of the Humeway Shopping Centre, defended the action.

According to the judgment, Ummi Properties issued summons against the restaurant for payment of more than R412000 in rental arrears, together with interest, and an order evicting the defendant from the premises, ancillary relief and costs of suit.

It alleged in court papers that Brazilia Fusion Restaurant "has no bona fide defence to the action and has entered appearance to defend simply to delay the matter".

But, according to court papers received on Friday, Acting Judge Richard Brooks dismissed the application and granted Brazilian Fusion Restaurant leave to defend the action.

He also ordered Ummi Properties to pay the restaurant's costs of the application.

According to the judgment, Brooks had found that the calculation of the rental had been based on certain extensions and proposed refurbishments to the leased property that had not yet occurred.

"The representation, which became a material term of the agreement of lease, has not been fulfilled. The extension proposed by the plaintiff has not occurred," Brooks said. However, the calculation of the rental due takes cognisance of the extension.

"The plaintiff is in breach of a material term of the agreement." - Lee-Anne Butler