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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 71

Iman Prop Holdings (Pty) Ltd v Knowledge Objects Healthcare (Pty) Ltd (2024-014083)

Iman Prop Holdings (Pty) Ltd v Knowledge Objects Healthcare (Pty) Ltd (2024-014083) [2025] ZAGPPHC 71 (24 January 2025)

High Court summary judgment in a lease dispute: the tenant’s defence about repairs failed, and the court ordered payment of arrear rent, interest, costs, and eviction.

  • Summary Judgment
  • Lease Agreement
  • Arrear Rent
  • Eviction
  • Contractual Defence
  • Summary-judgment
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Land And Property [2024] ZAGPJHC 1207

Johannesburg Social Housing Company Soc Ltd v Dlamini and Others (2020/2026)

Johannesburg Social Housing Company Soc Ltd v Dlamini and Others (2020/2026) [2024] ZAGPJHC 1207 (25 November 2024)

The High Court granted eviction against a tenant in substantial rent arrears, found the lease was validly terminated, and delayed eviction for six months.

  • Eviction
  • Arrear Rent
  • Prevention Of Illegal Eviction Act
  • Lease Termination
  • Lease-termination
  • Arrear-rent
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Civil Procedure [2024] ZAGPJHC 309

Lodestone Investments (Pty) Ltd v Amogelang Transport Services (Pty) Ltd and Others (2024/025519)

Lodestone Investments (Pty) Ltd v Amogelang Transport Services (Pty) Ltd and Others (2024/025519) [2024] ZAGPJHC 309 (26 March 2024)

The High Court struck an urgent eviction application from the roll, holding that the applicant had created its own urgency and had not complied with the lease notice clause.

  • Urgent Eviction
  • Lease Termination
  • Self Created Urgency
  • Rule 6 12
  • Arrear Rent
  • Urgent-eviction
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Land And Property [2024] ZAECMHC 5

MEC for Department of Public Works & Infrastructure, Eastern Cape v Ngunuza and Others (1529/2020; 1789/2020; 2802/2020; 2794/2020; 1786/2020; 1779/2020)

MEC for Department of Public Works & Infrastructure, Eastern Cape v Ngunuza and Others (1529/2020; 1789/2020; 2802/2020; 2794/2020; 1786/2020; 1779/2020) [2024] ZAECMHC 5 (23 January 2024)

The High Court granted eviction orders for government residential properties after finding the leases had ended and the respondents raised no valid defence.

  • Eviction
  • Lease Termination
  • Unlawful Occupation
  • Arrear Rent
  • Pie Act Compliance
  • Lease-termination
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Civil Procedure [2023] ZAGPJHC 909

Line Metals (Pty) Ltd v Shi and Others (03126/2022)

Line Metals (Pty) Ltd v Shi and Others (03126/2022) [2023] ZAGPJHC 909 (14 August 2023)

The High Court rescinded an order made in the absence of a necessary party, finding Line Metals had a direct and substantial interest in the goods at issue.

  • Rescission Of Judgment
  • Joinder Of Parties
  • Tacit Hypothec
  • Rent Interdict
  • Rule 42
  • Arrear Rent
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Civil Procedure [2022] ZAKZDHC 49

Shree Property Holdings (Pty) Ltd v Clarks Auto Holdings (Pty) Ltd t/a Clint Panel Beaters and Others (03406/2022)

Shree Property Holdings (Pty) Ltd v Clarks Auto Holdings (Pty) Ltd t/a Clint Panel Beaters and Others (03406/2022) [2022] ZAKZDHC 49 (28 October 2022)

The court found that the defendants had disclosed the nature and grounds of their defence, supported by photographs, correspondence, and an engineer's report. The defence was not delivered solely for the purpose of delay and, if proved at trial, could constitute a good defence to the plaintiff's claim. The court held that summary judgment proceedings are not intended for the court to investigate the probabilities of success, but only to determine whether a bona fide defence exists. Accordingly, summary judgment was refused and the defendants were granted leave to defend.

  • Summary Judgment
  • Lease Agreement Dispute
  • Bona Fide Defence
  • Liability Exemption Clause
  • Arrear Rent
  • Unlawful Occupation
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Land And Property [2022] ZAWCHC 154

Cadentia Properties CC v B Steer 2 Route 27 (Pty) Ltd (523/2022)

Cadentia Properties CC v B Steer 2 Route 27 (Pty) Ltd (523/2022) [2022] ZAWCHC 154 (10 June 2022)

The High Court found a commercial lease had expired on 30 September 2021 and ordered the respondent to vacate the premises, allowing three months to move.

  • Commercial Lease Termination
  • Ejectment
  • Arrear Rent
  • Extension Of Lease
  • Remission Of Rent Due To Covid
  • Admission Of Further Affidavit
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Land And Property [2021] ZAGPJHC 92

Oasis Liquour Wholesalers CC v Doornfontein Girls College (Pty) Ltd t/a Destiny Gorls College (28571/20)

Oasis Liquour Wholesalers CC v Doornfontein Girls College (Pty) Ltd t/a Destiny Gorls College (28571/20) [2021] ZAGPJHC 92 (20 July 2021)

The High Court granted ejectment after finding the commercial lease was validly cancelled for persistent non-payment and that affidavit defects and lockdown objections did not bar relief.

  • Ejectment
  • Lease Cancellation
  • Arrear Rent
  • Substantial Compliance With Affidavit Regulations
  • Commercial-lease
  • Lease-cancellation
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Land And Property [2018] ZAGPPHC 71

Whelpton and Another v Whelpton and Another (97180/2016)

Whelpton and Another v Whelpton and Another (97180/2016) [2018] ZAGPPHC 71 (16 March 2018)

High Court eviction under PIE granted against a family member occupying property after rent arrears and lease cancellation, with a vacate date set and costs ordered.

  • Prevention Of Illegal Eviction Act
  • Unlawful Occupation
  • Just And Equitable Eviction
  • Lease Agreement Termination
  • Arrear Rent
  • Municipal Utilities
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Commercial And Corporate [2015] ZAGPPHC 284

Engen Petroleum Limited v Rasebotsa t/a Everon Filling Station (24051/2014)

Engen Petroleum Limited v Rasebotsa t/a Everon Filling Station (24051/2014) [2015] ZAGPPHC 284 (6 May 2015)

The High Court granted Engen monetary relief and eviction after finding the respondent breached the operating lease and raised no bona fide defence.

  • Lease Agreement
  • Eviction
  • Breach Of Contract
  • Arrear Rent
  • Exclusive Supply
  • Franchise Dispute
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.