The Mbombela High Court issued an order against the Nelspruit Golf Club on Wednesday 3rd April interdicting the club from interfering with the Pro Shop’s rights in terms of its lease with the club.
The Pro Shop brought an urgent application on 2nd April subsequent to the club’s management committee embarking on a series of actions that infringed the rights of the Pro Shop to conduct certain exclusive rights at the club. The application was brought subsequent to the Pro Shop’s attorney, mr Gerrie Groenewald having written various letters to the club in an attempt to avoid litigation an curb costs. The club and its attorneys refused to co-operate.
The urgent application was launched when 30 brand new Club golf carts, to the value of approximately R2,4 million, were delivered to the club on 27 March with the obvious intention of doing business in opposition with the Pro Shop. In his affidavit opposing the urgent application, Mr Angelo Sabastian, the club captain, denied that the club had purchased or taken delivery of the carts. He alleged that it was merely a mistaken delivery. It later transpired that the carts were on the same day taken to a holding facility of Smith Power, the agent’s of Club Car in Riverside, because a forklift was allegedly not available to off-load the carts from the trucks.
The Court held that the notice of demand, dealing with alleged breaches of the lease by the Pro Shop, was defective and unlawful. The Court granted the application and ordered the club to pay the Pro Shop’s legal costs.
Christo Smith appeared in the proceedings on instructions of Gerrie Groenewald Attorneys.