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South Africa decisions
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Peterson N.O. v Adonarozas Kitchen (024617/2022) [2023] ZAGPJHC 1071 (7 August 2023)
The High Court granted summary judgment for arrear rent, interest, ejectment, and attorney-and-client costs after rejecting the defendants’ claimed defences.
Petersen and Others v CPLM Exports CC (28875/19) [2023] ZAGPJHC 747; 2023 (5) SA 555 (GJ) (30 June 2023)
The High Court granted summary judgment for reduced arrear rentals against a tenant and surety, holding that a prior rescission order did not bar the application.
Olisa t/a African Vibes v Tupa 2012 (Pty) Ltd (A3150/2021) [2023] ZAGPJHC 10 (11 January 2023)
Appeal against refusal of rescission of a default judgment failed. The court found no good cause, no substantial defence, and awarded attorney-and-client costs.
K2012150042 (South Africa) (Pty) Ltd v Varnado Investments (Pty) Ltd and Another (19788/2021) [2022] ZAWCHC 226 (18 October 2022)
The High Court dismissed a postponement request and granted summary judgment for arrear rentals, ejectment, and costs under a commercial lease and suretyship.
Rebosis Property Fund Ltd t/a Mdantsane Shopping Centre v Motion Fitness (Pty) Ltd t/a Motion Fitness and Another; Rebosis Property Fund Ltd t/a Mdantsane Shopping Centre v Motion Fitness (Pty) Ltd t/a Motion Fitness and Another (3838/2017; 3839/2017) [2020] ZAECGHC 93 (25 August 2020)
The High Court held that the plaintiff could recover arrear rentals under two commercial lease agreements, rejecting objections based on locus standi and the National Credit Act.
Pareto Limited v Credonamix CC t/a Portobello (2019/27944) [2020] ZAGPJHC 224 (6 August 2020)
The High Court confirmed cancellation of a retail lease and ordered ejectment after finding no breach by the lessor from changes to tenant mix.
Unnic Auto Parts Randburg (Pty) Ltd t.a Midas Strijdompark v Scheepers (8894/2019) [2019] ZAGPJHC 336 (14 August 2019)
Summary judgment was granted for arrear rental after the respondent continued occupying the premises after lease expiry and failed to show a bona fide defence.
GBS Mutual Bank v Flighting Boyz Outdoor CC and Another (29946/2016) [2019] ZAGPPHC 297 (12 July 2019)
The High Court awarded arrear rentals under a master rental agreement but refused liquidated damages because the plaintiff failed to prove the equipment’s required appraised value.
Peterson and Others v Umkhome Tourism Transport CC (2017/45102) [2018] ZAGPJHC 36 (2 March 2018)
The court refused summary judgment and granted the defendant leave to defend, finding a bona fide dispute about rental calculations under a commercial lease.
Byway Projects 10 CC v Masingita Autobody CC t/a Masingita Autobody and Others (A5059/10, 09/36885) [2011] ZAGPJHC 54 (14 June 2011)
The court held that the requirements for an anti-dissipation interdict were not met, as there was no evidence or reasonable apprehension that the respondents were dissipating or secreting assets, nor any urgency justifying ex parte relief. The lease agreement did not constitute an 'order for services' under section 23(2) of the Close Corporations Act, and thus personal liability could not be imposed on the second to fifth respondents. The appellant's claim for payment of arrears and damages was disputed and not liquidated, rendering motion proceedings inappropriate for such relief. The court…
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