Cloete and John are both well renowned businessmen in the beautiful coastal town of Swakopmund. Though...

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Economics

Cloete and John are both well renowned businessmen inthe beautiful coastal town of Swakopmund. Though both men arerivals when it comes to business, sometime last year they have putaside their unnecessary rivalries and indeed concluded a number ofcommercial agreements and partnerships. In one of their lucrativetransactions, Cloete and John acquired a very beautiful and immensebuilding in the coastal town. Without wasting time, both rich menrenovated and repainted the building with the view to renting itout to prospective tenants. An advertisement to this effect wasplaced in The Namibian newspaper, and many offers started flowingin. In the end, a lease agreement was agreed upon and concludedbetween Cloete and John (herein lessors) and a group of five youngladies (herein lessees) in May 2018. One of the terms of thecontract was that the lessees, since they are all unemployed, wouldindulge in the acts of prostitution to enable them to raise rentalsof N$ 10 000 per month. For the first two months, all parties tothe contract performed as per their obligations under the leaseagreement. However, since January this year, lessees have been inbreach of contract in that they have failed, refused or neglectedto pay their monthly rentals in terms of the lease. Despitenumerous notices by the landlords to the defaulting tenants, nosingle payment has been effected since January 2019. As a result,John and Cloete had no other option but to take the defaultingtenants to court so as to claim unpaid rentals and interestthereon.

Instruction: With reference to relevant legislations,case law and general principles of law of contract, discuss Johnand Cloete chances of succeeding in their legalaction.    {10 marks)

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4.1 Ratings (611 Votes)
Cloete and jhon are the business partners and have the right to go to the court for submitting their writ or petition in court against defulters or lessees The judge would take hisher decession according to the laws made by the constitution as the Constitution protects property rights through the Fifth and Fourteenth Amendments Due Process Clauses and more directly through the Fifth Amendments Takings Clause The    See Answer
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