South Africa Case Law

Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (038/2022)

Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (038/2022) [2023] ZASCA 57; [2023] 3 All SA 40 (SCA); 2023 (5) SA 68 (SCA) (21 April 2023)

Court

Supreme Court of Appeal

Case number

038/2022

Judges

Van der Merwe, Mbatha, Carelse, Weiner, Goosen

The Supreme Court of Appeal held that the lease agreement did not exclude the tenant's right to claim remission of rent due to vis major, but the loss of use and enjoyment was suffered by Apoldo, the sub-tenant, not the Butcher Shop. As Apoldo is a separate legal entity, the Butcher Shop cannot claim remission based on Apoldo's loss. The court reaffirmed that piercing the corporate veil is only permissible where there is fraud, dishonesty, or unconscionable abuse, none of which were present. The court declined to develop the common law to allow the remedy sought, noting that such development…

Source excerpt

• Remission Of Rent
• Vis Major
• Piercing Corporate Veil
• Lease Agreement Interpretation
• Abatement Of Rent
• Development Of Common Law

Tower Property Fund Limited v Unitools CC and Another (2020/19245)

Tower Property Fund Limited v Unitools CC and Another (2020/19245) [2021] ZAGPJHC 683 (22 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19245

Judge

Gotz AJ

The court found that Tower's claim for unpaid rental and related charges is for a liquidated amount and is supported by the written lease agreement. The defendants' four defences—misrepresentation, loss of beneficial occupation, breach of lease, and delictual counterclaim—were each considered and rejected. The alleged misrepresentation related to future events and was not pleaded as fraudulent, and the lease expressly excluded reliance on representations not contained in the agreement. The exceptio non adimpleti contractus was unavailable due to clauses requiring rent to be paid in advance an…

Source excerpt

• Commercial Lease
• Summary Judgment
• Exemption Clause
• Exceptio Non Adimpleti Contractus
• Guarantee Liability
• Abatement Of Rent

Seiti v Berlein and Another (AR 151/2009)

Seiti v Berlein and Another (AR 151/2009) [2009] ZAKZPHC 24 (5 June 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 151/2009

Judges

Gorven, Ndlovu

Appeal against an eviction order was upheld because the respondents failed to prove lawful cancellation of the lease and the appellant raised unresolved factual disputes.

• Eviction
• Lease Cancellation
• Onus Of Proof
• Abatement Of Rent
• Unlawful Occupation
• Lease-cancellation