VALIS BAKERY (PRIVATE) LIMITED v KENSINGTON CENTRE (PRIVATE) LIMITED

Key Issues

• {"issue_text":"Whether the cross-appeal was properly before the court given it was delivered out of time without an application for condonation.","issue_type":"procedural","dispositive":"yes","related_facts":"The cross-appeal was delivered on 14 December 2022, outside the 7-day period from the notice of appeal dated 1 December 2022."}
• {"issue_text":"Whether the appellant was obliged to pay the disputed rental amount or was entitled to pay what it considered fair rent.","issue_type":"law","dispositive":"yes","related_facts":"The appellant paid what it deemed fair rent while disputing the respondent's unilateral increase."}
• {"issue_text":"Whether the respondent had the right to unilaterally increase rentals despite the non-variation clause in the lease agreement.","issue_type":"law","dispositive":"yes","related_facts":"Clause 23 required variations to be in writing and signed, but the rent increase was communicated verbally/unilaterally."}

Background