South Africa Case Law

Shoprite Checkers (Pty) Ltd v Everfresh Market Virginia (Pty) Ltd t/a Wild Break 166 (Pty) Ltd (6675/09)

Shoprite Checkers (Pty) Ltd v Everfresh Market Virginia (Pty) Ltd t/a Wild Break 166 (Pty) Ltd (6675/09) [2010] ZAKZPHC 34 (25 May 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6675/09

Judge

Koen

The court held that a lease renewal clause requiring rental to be agreed was unenforceable, and granted eviction because the tenant had no legal basis to stay.

• Lease Renewal
• Certainty Of Contract
• Eviction
• Good Faith Negotiation
• Lease-renewal
• Contract-certainty

Chretien and Another v Bell (52/09)

Chretien and Another v Bell (52/09) [2009] ZASCA 147; [2010] 2 All SA 428 (SCA) ; 2011 (1) SA 54 (SCA) (26 November 2009)

Court

Supreme Court of Appeal

Case number

52/09

Judges

NAVSA, NUGENT, PONNAN, MAYA, TSHIQI

The Supreme Court of Appeal held that the written agreement between the parties did not comply with section 2(1) of the Alienation of Land Act 68 of 1981 because it failed to stipulate the time for payment of the purchase price, a material term. The agreement expressly required the parties to agree in writing on the payment details by a specified date, but no such agreement was reached. The absence of this term rendered the contract void ab initio and unenforceable. The respondent's argument that the reference to payment details related only to the manner of payment was rejected, as the only…

Source excerpt

• Alienation Of Land Act
• Material Terms Of Contract
• Certainty Of Contract
• Unenforceability For Uncertainty