High flying TV and media personality Lerato Kganyago‘s husband and businessman ,Thami Ndlala, is at loggerheads with his landlord over improvements worth R1.3 million made on his rented property at 14 on Hillell Northcliff, which is located next to his hotel 12 On Hillell Villa and Spa.
The drama between the two property owners started when a company named Urban Mountains, which, according to court papers, had leased their property to Ndlala ‘s company, Thami Ndlala Holdings, filed papers to eject Kganyago’s husband from their property before the expiry of their lease agreement. Now, Ndlala, through his lawyers Hugo Baloyi Attorneys, has fought back demanding that the South Gauteng High Court wound up Urban Mountains, his landlord, stating that the company and it’s director was failing to pay it’s debts to it’s creditors.
In his court papers seen by ZiMoja, Ndlala argues that Urban Mountains was trading from an insolvency circumstance, a position which he said constitutes reckless and or negligent trading, and as a result demanded that the court must stop the company and investigate it’s finances to ascertain it’s sustainability. In the same papers, Ndlala asked the court to liquidate the company to ensure that it’s financial position could be determined stating that his company, through his lawyers, had sent several letters to the landlord demanding payment of R1.3 million owed to his company, but said no response was given.
The businessman who came into the spotlight after his marriage to TV perrsonality Kganyago, said his application for wound up was justified arguing that Urban Mountains had no other assets which could be used to cover his debts and many other debts which could be brought by other creditors. “In these circumstances, I humbly submit that the respondent is commercially insolvent, and it is just and equitable and in the interest of the respondents general body of creditors that a winding up order be granted,” reads Ndlala’s prayers in his court application.
In the same papers, Ndlala states that no indication was made by his landlord that he was prepared to repay him the R1.3 million spent on improvements in his property. Amongst the improvements done on the property, the court papers shows was building of a wall between 12 on Hillell Villa and Spa and 14 on Hillel, a swimming pool, hiring land surveyors and engineers, gabions and building of the guard house. These improvements, Ndlala said enhanced the value of his landlord’s property, however, he said his landlord appears to be in no position to pay for them despite being the one who wants to terminate their lease agreement while it’s still effective. The papers shows that the first improvements were worth R735 000, while the second were worth R583 000, amounting to a total of R1.3 million.
According to Ndlala’s court papers, his company entered into a three years lease agreement with Urban Mountains in August 2021 to expand their hotel. Urban Mountains, the court papers shows they are the owners of the property on 14 On Hillell, the house next to Ndlala’s hotel. In his founding affidavit, Ndlala states that his company and Urban Mountains, in this case his landlord, agreed that Ndlala would be allowed to make improvements on the property owned by Urban Mountains, and that permission would be sort from the owner before any renovations or improvements could be made. He said during the period from September 2021, his company made improvements worth R1. 3 million, which were approved by his landlord, but said he was suddenly shocked when his landlord served him with ejectment papers indicating that he was being kicked out of the property.
Source: News365