Question
Cloete and John are both well renowned businessmen in the beautiful coastal town of Swakopmund. Though both men are rivals when it comes to business,
Cloete and John are both well renowned businessmen in the beautiful coastal town of Swakopmund. Though both men are rivals when it comes to business, sometime last year they have put aside their unnecessary rivalries and indeed concluded a number of commercial agreements and partnerships. In one of their lucrative transactions, Cloete and John acquired a very beautiful and immense building in the coastal town. Without wasting time, both rich men renovated and repainted the building with the view to renting it out to prospective tenants. An advertisement to this effect was placed in The Namibian newspaper, and many offers started flowing in. In the end, a lease agreement was agreed upon and concluded between Cloete and John (herein lessors) and a group of five young ladies (herein lessees) in May 2018. One of the terms of the contract was that the lessees, since they are all unemployed, would indulge in the acts of prostitution to enable them to raise rentals of N$ 10 000 per month.For the first two months, all parties to the contract performed as per their obligations under the lease agreement. However, since January this year, lessees have been in breach of contract in that they have failed, refused or neglected to pay their monthly rentals in terms of the lease. Despite numerous notices by the landlords to the defaulting tenants, no single payment has been effected since January 2019. As a result, John and Cloete had no other option but to take the defaulting tenants to court so as to claim unpaid rentals and interest thereon.
Instruction: With reference to relevant legislations, case law and general principles of law of contract, discuss John and Cloete chances of succeeding in their legal action.
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