2009/09/04 04:33:31 PM debbieb01 Posts: 20	I have a SCC against me in Durban for "false advertising", wherein the tenant didn't know that a bachelor unit was only a single room. I opened a case in P.Elizabeth. for wasted advertising costs. Now the courts are trying to decide where the case should be held. As I placed the advert from PE, was in PE when I received the first and subsequent calls, however the tenant was in Port Edward when she made the calls, but now resides in Westville (which comes under Pinetown). For obvious reasons of cost, I am pressing for a local court hearing. What are the factors that determine where a court is tried?
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2009/10/06 03:40:02 PM VAN VUUREN ATTORNEYS Posts: 14	Dear Debbie There is a short and long answer to your question. However at this stage we will provide you with a short version. Jurisdiction in courts are determined on a number of facts. However the main determining factors are the following. 1. Where the course of action originated. 2. Monetary jurisdiction dealing with the amount that is claimed. 3. Domicillium of the defendant. The rule is that an agreement is finalised at the place where the last action was completed. Which will be the place where the offerer is informed of the takers acceptance. The case law that will be helpful to yourself in this regard are the following matters: Rex vs Nel 1921AD339 Herholdt vs Rand Debt Collecting Co 1965(3)SA752(T) Arlyn Butcheries Pty Ltd vs Bosch 1966(2)SA308(W) In short we are of the opinion that the court in Port Elizabeth will have jurisdiction in this matter. Should you have any further queries, please do not hesitate to call our offices. Kind regards VAN VUUREN ATTORNEYS 012 361 9638
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2009/11/25 10:52:43 AM debbieb01 Posts: 20	Just thought I’d drop you a line to thank you for your ongoing support during my small claims case (the one with the Durban tenant, and me the PE landlord!). This is the one, that one of your panel of Attorneys recommended opening my case in PE, which I did, the defendant dispute it, but got it overturned, with further advice from your panel (they send these messages behind the scenes!!). At my SCC, I went in guns blazing with all the info I needed, photos, affidavits, you name it. After 45 minute wait, allowing defendant to be late, Commissioner ruled in my favour, the advertising costs and costs of summons etc. I never used anything of it, the one pager was so convincing! I just wanted to share it with you and thank you for your valuable contacts and for allowing me the privilege of their expertise. You’re doing great things with TPN, it has given me the tools to handle the tough ones!
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2009/11/25 11:14:16 AM debbieb01 Posts: 20	Subsequent to winning the SCC case in PE for wasted advertising costs, the defendant has continued with the Durban SCC case against me. She is claiming I falsely advertised the unit (smaller, photos of another unit, unit not to her standard). She is suing for just under R7000 for costs of extending her lease at the previous place ("supposedly" to store her goods, where storage can be obtained for R400pm!). However, this cost is for a 3-bed unit occupied by her boyfriend who was serving his last months notice, as he too was relocating to KZN (lease in boyfriends name). Also claiming B&B costs for 7 days, whilst she secured alternative accommodation, after I refused her entry due to non-payment of the rental/balance of deposit before occupation (she'd already cancelled the accommodation in writing, then wanted it thereafter). Also claiming the rent paid for the prior month, when she chose not to occupy due to only starting work in the area in the month following. The Landlord extended scope of renovation when tenant advised of a later occupation date. Tenant shared a 3-bed unit with her boyfriend on S/Coast, then got a job in Durban and rented my bachelor unit, firstly misunderstanding it is only a 1-roomed unit. Her needs changed as her boyfriend later also secured work in KZN, and they now wanted a larger unit, so would only take my unit for a month, but without paying the rental/remainder deposit prior to moving in. Occupation was denied. Tenant now rents a 180m2, 2 bedroom unit, sharing with her boyfriend. Tenant did not complete any tenant application forms, and did not disclose that there is a "bad mark" on her credit listing (previous agent disclosed this, I never had option to disqualify, as information was withheld). Question : Can the tenant proceed with the Durban case, when judgement was ruled in the Landlords favour in the PE Courts? Surely, the judgement closes the case/s?
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