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South Africa decisions
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Norvena Property Consortium (Pty) Ltd v Mashamba and Others (2022/018083) [2025] ZAGPJHC 683 (7 July 2025)
The High Court granted an eviction order after finding the applicant had complied with PIE, proved substantial rental arrears, and the respondent had no valid defence.
Di Trapani v WU (14359/2022) [2025] ZAGPJHC 634 (25 June 2025)
High Court judgment on tenant arrears, a disputed right of first refusal, and claims for compensation for improvements to leased property.
Tenants of the Eastern Cape Development Corporation v Eastern Cape Development Corporation (EL1788/2023) [2025] ZAECELLC 6 (15 April 2025)
The court found that while the tenants shared the status of being occupiers of the respondent’s properties and all alleged a right of first refusal, the remaining claims were highly individualized, relating to maintenance, improvements, defects, and arrear rental. The absence of a draft pleading and the lack of detail in the affidavits rendered the application procedurally deficient. The respondent had already undertaken to afford tenants a right of first refusal, and any compensation claims would require individualized factual determinations. The court held that certification would not provi…
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Circle Properties (Pty) Ltd v Khuzwayo and Another (2023-124888) [2025] ZAGPJHC 236 (13 February 2025)
The court found that the respondent's defence based on a pending Rental Housing Tribunal complaint was without merit. The retrospective challenge to rental increases did not constitute a valid unfair practice, especially as the respondent had signed new leases over the years without objection and had failed to pay rental for a year. The respondent's financial circumstances did not warrant protection under the PIE Act, and the Tribunal proceedings did not justify a stay of eviction. The court distinguished the present case from Maphango, noting the absence of systemic unfairness or gentrificat…
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Arrowgem Limited v Garces (M716/2023) [2024] ZANWHC 286 (20 November 2024)
The North West High Court refused to postpone an eviction application pending a related action, finding no adequate basis for delay and awarding costs against the applicant.
Johannesburg Social Housing Company Soc Ltd v Deman (2020/7199) [2024] ZAGPJHC 1110 (30 October 2024)
High Court eviction case under PIE Act: the court found procedural compliance, granted eviction, and allowed occupiers until 31 January 2025 to vacate.
Fire and Ice Fitness (Pty) Ltd and Others v Dansabe Trading 17 (Pty) Ltd and Another (2024/121455) [2024] ZAGPJHC 1088 (25 October 2024)
The court found that none of the applicants had standing to seek an interim interdict, as Fire and Ice Fitness (Pty) Ltd had been finally deregistered and ceased to exist as a legal entity. The effect of deregistration is clear: the company cannot authorise anyone to act on its behalf or claim rights before the court. The executors of the deceased directors' estates also lack standing, as the company no longer exists. While the respondents' conduct in locking the premises was unfortunate and may have prejudiced the applicants, the application as pleaded could not succeed. The court noted that…
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Nu-Shop Holdings (Pty) Ltd v Kasle Properties (Pty) Ltd (D9608/2021) [2024] ZAKZDHC 51 (14 August 2024)
The High Court removed a bar and condoned the late delivery of a plea, finding the delay explained by attorney negligence that was not gross enough to deny relief.
Ursela v Willy and Others (084085/2023) [2024] ZAGPJHC 728 (13 August 2024)
The High Court granted eviction and arrear rental relief after finding the lease was validly cancelled for non-payment and the occupants remained unlawfully in the property.
4Eleven Properties (Pty) Ltd v Makhosi and Others (2024/052019) [2024] ZAGPJHC 721 (8 July 2024)
High Court eviction order granted after tenants withheld rent in defiance of a prior order and failed to show that eviction would make them homeless.
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