Nordien and Another v Kidrogen RF (Pty) Ltd and Another

Kidrogen RF (Pty) Ltd, the registered owner of a residential property in Parklands, Cape Town, concluded a written lease on 30 October 2019 with Shaan Nordien. The lease was signed by two directors of Kidrogen, Mr Davids and Mr Peter, but without indicating that they acted in a representative capacity. An addendum to the lease, concluded on Kidrogen’s letterhead, adjusted rental escalation and granted COVID-19 rental relief. Nordien fell into arrears and acknowledged indebtedness to Kidrogen. A subsequent agreement of sale between Kidrogen and Nordien was cancelled. After continued non-payment, Kidrogen cancelled the lease and sought eviction and arrear rental. Nordien resisted eviction, contending that Kidrogen lacked locus standi because the lease reflected the directors personally as lessors and that rectification had not been properly pleaded. The High Court accepted this defence and dismissed the eviction. On appeal, the Full Court rectified the lease, granted eviction and arrear rental. Nordien then sought special leave to appeal to the Supreme Court of Appeal.

The application for special leave to appeal was dismissed with costs, payable jointly and severally by the first and second applicants.

The case restates important principles on rectification of contracts, confirming that courts will look to the true intention of the parties and their conduct, and that rectification may be granted in motion proceedings where appropriate. It also affirms that an owner may rely on the rei vindicatio to evict an occupier irrespective of defects in contractual documentation, thereby clarifying locus standi in eviction proceedings under South African property law.