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South Africa decisions
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Offerman and Another v Swanepoel and Another (6477/18P) [2022] ZAKZPHC 4 (10 February 2022)
The court held that the sale agreement did not lapse because the suspensive condition had not been shown to expire on the date alleged by the applicants.
Trustees for the time being of the Bymyam Trust v Butcher Shop and Grill CC (11877/2020) [2021] ZAWCHC 269 (22 December 2021)
The court found that the respondent failed to demonstrate reasonable prospects of success on appeal. The respondent did not make out a case for piercing the corporate veil between itself and Apoldo Trade (Pty) Ltd, as the requirements under section 20(9) of the Companies Act and the common law were not satisfied. Furthermore, the respondent did not prove, on a balance of probabilities, that it lacked beneficial occupation of the leased premises, which is a prerequisite for rental remission. The dispute is primarily factual, and there is no compelling reason to grant leave to appeal to the Sup…
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Growthpoint Properties Ltd v M Bay Specialist (Pty) Ltd and Another (62145/2019) [2020] ZAGPPHC 416 (21 August 2020)
The court dismissed an exception to a tenant’s plea in a lease dispute, but upheld the exception to the counterclaim for lack of detail, with leave to amend.
Dunsteyn Produseerders (Pty) Ltd v Metcash Trading Africa (Pty) Ltd (A63/2018) [2020] ZAGPPHC 233 (21 April 2020)
The High Court held the fire damage did not prevent beneficial occupation, so the lease was not deemed cancelled and arrear rental was payable.
Mahlangu v Minister of Rural Development and Another (LCC08/2015) [2017] ZALCC 15 (5 June 2017)
The Land Claims Court held that a labour tenant was dispossessed by racially discriminatory labour-tenancy practices and ordered restoration of 11 hectares.
Jacobs and Others v Department of Land Affairs and Others (LCC3/98) [2016] ZALCC 14; 2016 (5) SA 382 (LCC) (13 June 2016)
The court found that the claimants, as direct descendants of Abraham and Elizabeth September, were dispossessed of rights in the farm Uap after 19 June 1913. Although the registration of title occurred in 1907, the September family continued to occupy and assert rights in the land until their forced eviction in 1921. The dispossession was facilitated by fraudulent conduct, exploitation of illiteracy, and official indifference, all underpinned by prevailing racial discrimination. The court held that the dispossession fell within the ambit of section 2(1)(c) of the Restitution Act and section 2…
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Twoline Trading 2 (Pty) Ltd v Brainwave Projects 1232 CC and Others (29175/12) [2012] ZAGPJHC 260 (15 October 2012)
The respondents were in substantial arrears with rental and related charges from the inception of the lease, despite several indulgences and a reduction in rental by the applicant. The lease agreement was validly cancelled in writing after repeated breaches. Clause 20.6 of the lease agreement expressly excluded any claim for compensation, damages, or remission of rental arising from renovations or construction works. The respondents' reliance on loss of beneficial occupation was not supported by the facts, as arrears predated the renovations, and the contractual exclusion was enforceable. The…
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Rusy Prac Investment (Pty) Ltd v Du Plessis and Another (2110/10) [2011] ZANWHC 52 (30 September 2011)
The High Court granted a mandament van spolie restoring possession of leased dental premises and equipment to the applicant, finding unlawful deprivation by the first respondent.
Devondale Investments (Pty) Ltd v Ahmed NO and Another (17161/2008) [2009] ZAKZDHC 15 (13 May 2009)
The court found that there were material factual disputes regarding the respondents' occupation and the suitability of the premises, as well as whether the applicant was aware of the respondents' complaints. The existence of letters allegedly sent to the applicant and the applicant's denial of receipt constituted a genuine dispute of fact. The interrelationship between the lease agreements with the applicant and New Energy Petroleum CC, and the controlling interest of the applicant in both entities, further complicated the matter. The court distinguished the present case from Wallach v Lew Ge…
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Furniture Hardware Supplies (Pty) Ltd v Sirge Fourteen CC (1451/07) [2007] ZAECHC 93 (23 October 2007)
The court held that a landlord could not cancel a lease where the premises were not ready for occupation and the tenant had not been validly placed in mora.
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