Popular fast food chain, Eagles Pizza which has its prime pizza store situated at Baines Shopping Centre has dragged its landlord, Oryx Properties to the High Court over a lease dispute in which the former claims that Oryx double leased the property at Baines to their detriment.
Central to Eagles Pizza’s claim is that while the food outlet still allegedly had a valid lease with Oryx properties between November 2021 and January 2022, the property firm, entered into a further written lease agreement with Fama Sisters Investments CC for the same premises leased by Eagles Pizza.
“The lease agreement between Fama Sisters and Oryx Properties could never be valid because at the time it was entered, the lease agreement between Eagles Pizza and Oryx Properties was in existence and was never terminated,” claims Eagles Pizza before the Courts.
Court documents seen by Business Express show that on or about 01 January 2018, and in Windhoek, Eagles Pizza, duly represented by Amen Sunday Nghidengwa, and Oryx Properties, duly represented by Carel Fourie, entered into a written agreement amending the lease agreement in respect of shop No.17B, Baines Shopping Centre.
PRIOR DISPUTE
This is not the first time these two entities have instituted legal proceeding against each other over the same lease. It has been reported before that during the month of September 2020, this same lease agreement became the subject matter of dispute between Eagles Pizza and Oryx Properties. As a result, the defendant instituted action against the plaintiff under the case number: HC-MD-CIV-ACT-OTH-2020/05129, for alleged breach of lease agreement.
“After a protracted court case spanning from the year 2020 – 2022, Oryx Properties withdrew the case (without tendering costs) on the alleged basis that the plaintiff vacated the leased premises and have entered into a settlement agreement for the arrears, and as such the relief sought became moot. The Notice of withdrawal of action and the court order is hereto attached. Eagles Pizza refutes the content of the notice of withdrawal of action,” further argued the food retailer in Court papers further reiterated that “Eagles Pizza never vacated the leased premises. The lease agreement remains in existence and it was never terminated.”
To this end, the relief now being sort by Eagles Pizza is an order confirming the existence of the lease agreement between plaintiff and the defendant; an order declaring the lease agreement between the defendant and Fama Sisters as invalid, and of no force or effect; an order that the defendant pay the plaintiffs costs occasion by the withdrawal of the action; cost of suit (if the action is defended); and further and/ alternative relief.
Last week, a case planning conference pursuant to rule 23 of the Rules of High Court of Namibia was conducted where Justice Ueitele revealed that Oryx Properties intends to seek security of costs from Eagles Pizza.
Justice Ueitele also ordered that Oryx Properties must file its notice in terms of rule 59(1) by no later than 07 November 2023. Furthermore, the parties must file a further joint case plan on or before 09 November 2023.
The case was postponed to 14 November 2023 at 08:30 for a further Case Planning Conference Hearing.
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