South Africa Case Law

Silverbird Property Development CC t/a Signet Terrace Shopping Centre v Khans Tyres and Exhaust CC t/a Super Wheel and Tyre (04863/2024)

Silverbird Property Development CC t/a Signet Terrace Shopping Centre v Khans Tyres and Exhaust CC t/a Super Wheel and Tyre (04863/2024) [2025] ZAGPJHC 303 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

04863/2024

Judge

PJ Du Plessis

The High Court held that the landlord validly cancelled the lease for renovations, rejected the tenant’s renewal claim, and ordered eviction and costs.

• Commercial Eviction
• Lease Termination
• Renewal Clause Interpretation
• Contractual Obligations
• Attorney Own Client Costs
• Commercial-eviction

Baphalaborwa Projects CC v T and L Civil Electrical Contractors CC and Others (45610/2018)

Baphalaborwa Projects CC v T and L Civil Electrical Contractors CC and Others (45610/2018) [2024] ZAGPJHC 630 (8 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

45610/2018

Judge

K Strydom

The court found that the application for leave to appeal had not lapsed and, in terms of section 18(1) of the Superior Courts Act, execution was barred. The attachment of the applicant's bank account was procedurally irregular as the sheriff failed to take possession of the document evidencing ownership and did not give written notice to the applicant, as required by Rule 45(8). The writ was improperly limited to the bank account without affording the applicant an opportunity to point out other assets. The respondent's reliance on Rule 45(12)(a) was misplaced, as the requirements for garnishe…

Source excerpt

• Stay Of Execution
• Attachment Of Bank Account
• Leave To Appeal
• Rule 45 Uniform Rules
• Attorney Own Client Costs

Guy & Guy Investments Projects CC v Tau Pahlane Incorporated Attorneys (49638/2016)

Guy & Guy Investments Projects CC v Tau Pahlane Incorporated Attorneys (49638/2016) [2016] ZAGPPHC 922 (21 October 2016)

Court

North Gauteng High Court, Pretoria

Case number

49638/2016

Judge

E.L. Swartz

The High Court granted summary judgment for rental and charges after a lease was cancelled, holding the respondent remained liable while in occupation.

• Summary Judgment
• Lease Agreement
• Unlawful Occupation
• Liquidated Claim
• Attorney Own Client Costs
• Summary-judgment

Dicks v South East Node (Pty) Ltd (J 2131/08, J 2132/08, J 2133/08)

Dicks v South East Node (Pty) Ltd (J 2131/08, J 2132/08, J 2133/08) [2011] ZALCJHB 198 (2 February 2011)

Court

Labour Court Johannesburg

Case number

J 2131/08, J 2132/08, J 2133/08

Judge

Lagrange

The court held that the applicant's supplementary affidavit was filed without leave and amounted to a change in the cause of action, which is not permissible without a formal application. The Labour Court Rules do not provide for the filing of supplementary affidavits in motion proceedings except with leave. The applicant failed to justify the admission of the affidavit, and no explanation was provided for the change in approach. The court further found that the applicant's attorneys were aware of the cost order sought and did not need to be formally joined as parties. The respondent's opposi…

Source excerpt

• Supplementary Affidavit
• Attorney Own Client Costs
• Irregular Proceedings
• Contract Of Employment
• Basic Conditions Of Employment Act