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

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

Sasol Oil and Another v Bitline SA 951 CC t/a Sasol Roodepoort West and Another (2023-052191 ; 2023-052612)

Sasol Oil and Another v Bitline SA 951 CC t/a Sasol Roodepoort West and Another (2023-052191 ; 2023-052612) [2023] ZAGPJHC 1437 (11 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-052191 ; 2023-052612

Judge

L R Adams

The court found that the written addendum to the franchise agreement expressly provided for termination by effluxion of time on 30 June 2022, with no requirement for further notice unless terminated earlier. The evidence did not support Bitline SA's claim of a subsequent extension. Upon termination, Bitline SA lost its right to occupy and operate the Sasol-branded service station. Sasol Oil established a clear right to protect its intellectual property and brand, and irreparable harm would result from continued unauthorised use. Amrich, as owner, proved its entitlement to eviction under the r…

Source excerpt

• Franchise Agreement Termination
• Commercial Eviction
• Rei Vindicatio
• Interpretation Of Contracts

Parkhurst Investments CC v Pauls Homemade (Pty) Ltd (27209/2021)

Parkhurst Investments CC v Pauls Homemade (Pty) Ltd (27209/2021) [2023] ZAGPJHC 767 (3 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27209/2021

Judge

A A Crutchfield

High Court eviction case on lease repudiation, set-off, and electricity tariff disclosure.

• Commercial Eviction
• Repudiation Of Contract
• Lease Interpretation
• Set Off Clauses
• Statement And Debatement
• Electricity Tariffs

Sethaba Thaba Land Investment CC v Mnomane Investment CC and Others (16137/2021)

Sethaba Thaba Land Investment CC v Mnomane Investment CC and Others (16137/2021) [2023] ZAGPJHC 486 (15 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16137/2021

Judge

ML Senyatsi

The court granted eviction of a subtenant after termination of the head lease and dismissed a bid to stay proceedings pending Petroleum Products Act arbitration.

• Commercial Eviction
• Sublease Termination
• Rei Vindicatio
• Petroleum Products Act
• Arbitration Stay
• Unlawful Occupation

VLP Property CC v Martjohn Trading CC (43745/2020)

VLP Property CC v Martjohn Trading CC (43745/2020) [2022] ZAGPJHC 242 (26 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

43745/2020

Judge

VM Movshovich

The High Court granted eviction after finding no new lease was concluded and that the respondent’s amendments were a rejected counter-offer.

• Commercial Eviction
• Lease Agreement Termination
• Counter Offer
• Lis Pendens
• Holding Over
• Costs Order

Sasol Oil (Pty) Limited v Eurozar (Pty) Limited and Others (56719/2021)

Sasol Oil (Pty) Limited v Eurozar (Pty) Limited and Others (56719/2021) [2022] ZAGPJHC 17 (19 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

56719/2021

Judge

E F Dippenaar

The court found that the franchise agreement between Sasol and Eurozar expired by effluxion of time on 7 May 2021 and was not extended. The arbitration award, which is final and binding, confirmed that Sasol's refusal to extend the agreement was neither unreasonable nor unfair. Eurozar's attempt to import a tacit or implied term of good faith into the agreement was not pleaded in the arbitration and was not substantiated by facts in the present application. Even if such a term existed, it would not entitle Eurozar to remain in occupation beyond the express terms of the agreement. The urgency…

Source excerpt

• Commercial Eviction
• Franchise Agreement Termination
• Urgent Interdict
• Implied Terms
• Piercing Corporate Veil
• Arbitration Review

MV Andre Builder Joiner CC v Nordien (19002/20)

MV Andre Builder Joiner CC v Nordien (19002/20) [2021] ZAWCHC 255 (6 December 2021)

Court

Western Cape High Court, Cape Town

Case number

19002/20

Judge

Montzinger

The applicant established that the respondent breached the lease agreements by failing to pay rent, and that proper breach and cancellation notices were delivered in compliance with the Consumer Protection Act. The arbitration and magistrate's court clauses did not oust the High Court's jurisdiction, as they merely provided the applicant with an election of forum. The respondent's challenge to the authority of the applicant's deponent and the absence of a resolution was not properly raised and is without merit. The defence of supervening impossibility due to Covid-19 was rejected, following p…

Source excerpt

• Commercial Eviction
• Lease Cancellation
• Arbitration Clause Interpretation
• Security For Costs
• Supervening Impossibility
• Improvement Lien

Acrewood Property Investments (Pty) Ltd v Pelo Chicken (Pty) Ltd (11396/21)

Acrewood Property Investments (Pty) Ltd v Pelo Chicken (Pty) Ltd (11396/21) [2021] ZAWCHC 196 (8 October 2021)

Court

Western Cape High Court, Cape Town

Case number

11396/21

Judge

Montzinger

The High Court refused a postponement in a commercial eviction matter, granted eviction, and allowed four weeks for relocation before sheriff enforcement.

• Commercial Eviction
• Lease Cancellation
• Postponement Application
• Supervening Impossibility
• Costs Order
• Force Majeure

Zackey Investment Properties (Pty) Ltd v Vine Christian School (2020/9980)

Zackey Investment Properties (Pty) Ltd v Vine Christian School (2020/9980) [2020] ZAGPJHC 313 (10 December 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2020/9980

Judge

Maier-Frawley

The High Court granted eviction after finding the lease was validly cancelled for unpaid commercial rental and the tenant’s continued occupation unlawful.

• Commercial Eviction
• Lease Cancellation
• Breach Of Contract
• Unlawful Occupation
• Costs Award
• Commercial-eviction