South Africa Case Law

WD Motors (Pty) Ltd v Shell South Africa Refining (Pty) Limited and Others (5341/2024)

WD Motors (Pty) Ltd v Shell South Africa Refining (Pty) Limited and Others (5341/2024) [2025] ZAFSHC 179 (17 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5341/2024

Judge

Daniso

The High Court granted eviction after finding lease breaches, including unauthorized subletting, non-ancillary use, and maintenance defaults, and held the lease was validly cancelled.

• Eviction Of Commercial Premises
• Breach Of Lease
• Unauthorized Subletting
• Maintenance Obligations
• Municipal Charges
• Broadcasting Act Compliance

Dolsid Investments (Pty) Ltd v Thoury Hassan t/a Little Voice Day Care Centre and Another (047020/2025)

Dolsid Investments (Pty) Ltd v Thoury Hassan t/a Little Voice Day Care Centre and Another (047020/2025) [2025] ZAGPPHC 554 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

047020/2025

Judge

Neukircher

The court found that the applicant had validly cancelled the lease due to persistent breaches and that the conditions on the premises, including illegal electricity connections and severe disrepair, posed a real and imminent risk to the safety and health of the occupants and neighbouring properties. The respondent failed to provide any credible evidence of repairs or alternative arrangements for the occupiers, nor did he dispute the photographic evidence of dangerous conditions. The court held that the urgency of the application was justified under section 5(1)(a) of the PIE Act, and that the…

Source excerpt

• Prevention Of Illegal Eviction Act
• Urgent Eviction
• Breach Of Lease
• Health And Safety
• Termination Of Tenancy

Zeelie and Another v Zeelie and Others (14885/2022)

Zeelie and Another v Zeelie and Others (14885/2022) [2024] ZAWCHC 375 (18 November 2024)

Court

Western Cape High Court, Cape Town

Case number

14885/2022

Judge

R.C.A. Henney

High Court eviction matter under PIE. The court found no proved oral lease permitting renovations or indefinite occupation and ordered eviction with costs.

• Prevention Of Illegal Eviction Act
• Oral Lease Agreement Dispute
• Eviction Proceedings
• Unlawful Occupation
• Breach Of Lease
• Just And Equitable Eviction

Chiodaroli N.O and Others v Yeboprop 7 Investment (Pty) Ltd and Others (18020/2022)

Chiodaroli N.O and Others v Yeboprop 7 Investment (Pty) Ltd and Others (18020/2022) [2024] ZAGPPHC 990 (4 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

18020/2022

Judge

Selby Baqwa

The High Court granted a commercial eviction after finding the lessee had materially breached the lease and had no valid right to renew it.

• Commercial Eviction
• Breach Of Lease
• Renewal Of Lease
• Waiver Of Contractual Rights
• Estoppel
• Summary Judgment

Camps Bay Investment Trust Proprietary Limited v Infusion Social Club Camps Bay Propriety Limited (14487/2024)

Camps Bay Investment Trust Proprietary Limited v Infusion Social Club Camps Bay Propriety Limited (14487/2024) [2024] ZAWCHC 211 (19 August 2024)

Court

Western Cape High Court, Cape Town

Case number

14487/2024

Judge

Wille

The High Court granted urgent eviction after finding the tenant had materially misrepresented its business by concealing cannabis-related trade from the landlord.

• Eviction Of Commercial Tenant
• Misrepresentation
• Breach Of Lease
• Nuisance
• Urgent Interdict
• Non Disclosure

Killarney Country Club v Chance and Luna (Pty) Ltd t/a La Vie en Rose and Others (2022/018731)

Killarney Country Club v Chance and Luna (Pty) Ltd t/a La Vie en Rose and Others (2022/018731) [2023] ZAGPJHC 1452 (11 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/018731

Judge

RJ Moultrie

The court found that the respondents' defences of locus standi and lis alibi pendens were without merit. The purported cancellation of the applicant's notarial leases by the City of Johannesburg did not deprive the applicant of standing to seek eviction, as the common law rule prevents a lessee from disputing the lessor's title. The sublease was not void ab initio but at most voidable, and neither the City nor the applicant sought to impugn its existence in related proceedings. The doctrine of lis alibi pendens did not apply as the central question raised by the respondents would not be deter…

Source excerpt

• Eviction Of Commercial Tenant
• Lis Alibi Pendens
• Locus Standi
• Breach Of Lease
• Utility Charge Dispute
• Referral To Oral Evidence

Brink v Dell and Others (3898/2021)

Brink v Dell and Others (3898/2021) [2021] ZAFSHC 329 (12 December 2021)

Court

Free State High Court, Bloemfontein

Case number

3898/2021

Judge

Loubser

The court found that the applicant was not entitled to cancel the notarial lease agreement. The respondent provided a credible version supported by expert evidence that the alleged breaches—overgrazing and failure to control invasive species—did not occur as claimed. The respondent's rotational grazing practices and ongoing control of invasive weeds were consistent with the lease terms. The presence of sub-tenants was not a breach, as written consent had been obtained. The court applied the Plascon Evans rule, adjudicating the matter on the respondent's version due to the real dispute of fact…

Source excerpt

• Notarial Lease Cancellation
• Breach Of Lease
• Overgrazing
• Invasive Species Control

Sandton Square Portion 8 (Pty) Limited and Another v Coffee Chefs (Pty) Limited and Others (2021/46429)

Sandton Square Portion 8 (Pty) Limited and Another v Coffee Chefs (Pty) Limited and Others (2021/46429) [2021] ZAGPJHC 511 (6 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/46429

Judge

BM Gilbert

The applicants established, on uncontested facts, that the respondents breached the lease agreement by trading outside permitted hours and selling alcohol without a valid liquor licence. The respondents failed to provide bona fide factual disputes or exculpatory explanations, and their denials were not supported by evidence. The lease was validly cancelled after proper notice and the breaches were not remedied. The respondents' continued occupation is unlawful. The urgency of the matter was justified due to the serious nature of the breaches, including contraventions of COVID-19 regulations.…

Source excerpt

• Eviction
• Breach Of Lease
• Urgent Interdict
• Covid 19 Regulations
• Unlawful Occupation

MEC Department of Public Works, Eastern Cape v Mpumlwana (86/20)

MEC Department of Public Works, Eastern Cape v Mpumlwana (86/20) [2020] ZAECMHC 58 (1 December 2020)

Court

Eastern Cape High Court, Mthatha

Case number

86/20

Judge

B R Tokota

The court held that two negotiated lease agreements with a provincial department were invalid for non-compliance with section 217 and ordered eviction.

• Public Procurement
• Invalid Contract
• Eviction
• State Liability Act
• Breach Of Lease
• Unlawful Occupation

Win Twice Properties (Pty) Ltd v Capitulo Entertainment (Pty) Ltd t/a Galaxy World and Others (33426/2017)

Win Twice Properties (Pty) Ltd v Capitulo Entertainment (Pty) Ltd t/a Galaxy World and Others (33426/2017) [2018] ZAGPJHC 519 (7 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

33426/2017

Judge

M B Mahalelo

The High Court upheld an exception to parts of a lease-damages claim, striking paragraphs 12, 13 and 15 for vagueness and lack of particularity.

• Vague And Embarrassing Pleading
• Breach Of Lease
• Damages Calculation
• Failure To Disclose Cause Of Action
• Exception-to-pleading
• Vague-and-embarrassing