Restivox (Pty) Ltd v Cronje

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Loubser J
• Judgment Date: 14 September 2023
• Citation: 2023 JDR 3456 (FB)
• Hearing Date: 20 July 2023
• Docket Number: 2334/2023
• Court: Free State Division, Bloemfontein

Loubser J:

[1]

This is an opposed application where the applicant prays for the following relief in its notice of motion:

1.

That the respondent is to forthwith grant the applicant access to the premises known as Fisherman’s Bar, situated at 9 Dreyer Laan, Roodewal, Bloemfontein, and to permit the applicant when attending on the said premises, to remove 4 Limited Payout Machines from such premises.

2.

That, in the event that the respondent refuses to permit the applicant access to the said premises on demand for removal of the said Limited Payout Machines, the Deputy Sheriff is authorised to enter upon the said premises together with representatives of the applicant for the purposes of removing the said machines from the said premises.

2023 JDR 3456 p2

Loubser J

3.

That the respondent be ordered to pay the applicant the sum of R37 857.00

4.

That the respondent be ordered to pay the costs of this application.

[2]

The facts on which the applicant relies for this relief, appears from the founding affidavit, deposed to by its manager. According to her, the applicant is the holder of a route operator licence issued to it in terms of the provisions of section 71 of the Free State Gambling and Liquor Act. [1] This licence permits the applicant to make available limited gambling machines for play at licenced sites.

[3]

It is further stated in the founding affidavit that altogether three written agreements were concluded between the applicant and the respondent to pave the way for the Fisherman’s Bar to become a licenced site in order for it to obtain limited gambling machines from the applicant. The first of these agreements was concluded on 10 November 2021, and is referred to as a Cost to Pay by Site Operator agreement. In terms thereof, the applicant became authorised by the respondent to apply to the Free State Gambling Board for a site operator’s licence on behalf of Fisherman’s Bar. The costs of the application incurred by the applicant would be paid back to the applicant by the respondent from date of operation of the machines over a period of 52 weeks from the date on which the site becomes operational. The amount so paid by the applicant would be regarded as an interest free loan.

[4]

On the same day, the second agreement was also concluded. This agreement is referred to as a Route and Site Operator agreement, and it makes provision for a site data logger to be installed by the applicant on the site of the respondent to enable the monitoring of the gaming activities on the site by the applicant. The data so collected will determine the amount owing by the respondent to the applicant for the use of the machines, which amount will be calculated on the basis of the gross win on the machines, less the remuneration to which Fisherman’s Bar is entitled to in terms of the agreement. Should the agreement be terminated, the respondent is obliged to permit the applicant to remove the gaming machines, since the machines would remain the sole and exclusive property of the applicant.

2023 JDR 3456 p3

Loubser J

[5]

The third agreement was concluded on 27 October 2022, and is styled “Addendum to Route Operator and Site Operator...