Jai Hind EMCC CC T/A Emmerentia Convenience Centre v Engen Petroleum Limited South Africa: In re: Engen Petroleum Limited South Africa v Jai Hind EMCC CC T/A Emmerentia Convenience Centre (A5030/2022; 11752/2020) [2022] ZAGPJHC 493 (29 July 2022)
The court granted the order by consent, confirming that the respondent is required to vacate the leased premises by 17h00 on 31 July 2022. The matter was resolved on the basis of the parties' agreement, and no further adjudication of the merits was necessary. The order is binding and enforceable as a judgment of the...
Source-derived case information.
- Citation
- [2022] ZAGPJHC 493
- Parties
- Applicant: Jai Hind EMCC CC T/A Emmerentia Convenience Centre; Respondent: Engen Petroleum Limited South Africa
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- A5030/2022; 11752/2020
- Procedural Posture
- Civil Appeal / Appeal Hearing and Consent Order
- Outcome
- Order granted by consent; respondent to vacate premises by specified date.
- Judges
- Sutherland, Adams, Thompson
- Legal Topics
- Eviction of Commercial Tenant, Lease Termination, Consent Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jai Hind EMCC CC T/A Emmerentia Convenience Centre
Applicant
Engen Petroleum Limited South Africa
Respondent
Procedural Posture
Civil Appeal / Appeal Hearing and Consent Order
Legal Issues
- 1 Whether the respondent is required to vacate the leased premises pursuant to the termination of the lease agreement.
- 2 Whether the parties have reached a consent order regarding the eviction and vacating of the premises.
Ratio Decidendi
The court granted the order by consent, confirming that the respondent is required to vacate the leased premises by 17h00 on 31 July 2022. The matter was resolved on the basis of the parties' agreement, and no further adjudication of the merits was necessary. The order is binding and enforceable as a judgment of the court.
Court Disposition
Order granted by consent; respondent to vacate premises by specified date.
Orders
- The respondent Jai Hind EMCC CC T/A Emmerentia Convenience Centre shall vacate the leased premises by no later than 17h00 on 31 July 2022.
Full Case Text
Judgment text and source record
37 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA,
GAUTENG DIVISION, JOHANNESBURG
APPEAL CASE A5030/2022
CASE NUMBER: 11752/2020
REPORTABLE: NO
OF INTEREST TO OTHER JUDGES: NO
DATE OF APPEAL: 27 July 2022
In the matter between:
JAI HIND EMCC CC T/A EMMERENTIA CONVENIENCE Applicant
CENTRE
and
ENGEN PETROLEUM LIMITED SOUTH AFRICA Respondent
In re:
ENGEN PETROLEUM LIMITED SOUTH AFRICA Applicant
JAI HIND EMCC T/A EMMERENTIA CONVENIENCE Respondent
JUDGMENT
Electronically submitted
Delivered: This judgment was prepared and authored by the Deputy Judge President whose name is reflected and is handed down electronically by circulation to the Parties / their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the judgment is deemed to be 29 July 2022.
SUTHERLAND DJP (ADAMS J AND THOMPSON AJ CONCURRING)
Order
[1] It is ordered, by consent that:
1.1 The Respondent Jai Hind EMCC CC T/A Emmerentia Convenience Centre shall vacate the leased premises by no later than 17h00 on 31 July 2022.
SUTHERLAND DJP
ADAMS J
THOMPSON AJ
COUNSEL FOR THE APPELLANT: Adv
Terry Motau SC and Adv
Realeboga Tshetlo
INSTRUCTED BY: Phukubje
Pierce Masithela Attorneys
COUNSEL FOR THE RESPONDENT:
INSTRUCTED BY: Des
Naidoo & Associates
DATE OF THE HEARING:
27 July 2022
DATE OF JUDGMENT:
29 July 2022