South Africa Case Law

Legend Spunbond (Pty) Ltd v Nefdt and Another (2024/129654)

Legend Spunbond (Pty) Ltd v Nefdt and Another (2024/129654) [2025] ZAGPJHC 563 (3 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/129654

Judge

Nair

The court found that the requirements for lis alibi pendens were satisfied. Although the Germiston matter was instituted against LY Plastics Manufacturing and Recycling Engineering Polymers (Pty) Ltd and not directly against Mr Nefdt, he is the sole director and entered into the lease agreement on behalf of the company. The cause of action in both matters is the same—the oral commercial lease agreement—and the relief sought (ejectment from the premises) is substantially the same. The pleadings and correspondence indicate that the applicant seeks ejectment of both Mr Nefdt and the company. The…

Source excerpt

• Lis Alibi Pendens
• Ejectment
• Commercial Lease
• Stay Of Proceedings

Multiflat Residential Properties (Pty) Ltd - Eikehof (M) v Ali (011335/2024)

Multiflat Residential Properties (Pty) Ltd - Eikehof (M) v Ali (011335/2024) [2025] ZAGPPHC 222 (11 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

011335/2024

Judge

Collis

The High Court granted eviction after finding the respondent breached a commercial lease, rejected points in limine on authority and ADR, and upheld costs on an attorney-client scale.

• Commercial Lease
• Eviction
• Rei Vindicatio
• Locus Standi
• Non Variation Clause
• Commercial-lease

Growthpoint Properties Limited v NMR Properties (2023/034930)

Growthpoint Properties Limited v NMR Properties (2023/034930) [2024] ZAGPJHC 503 (20 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/034930

Judge

TP Mudau

The High Court rescinded a default judgment in a commercial lease dispute, finding the applicants had shown a prima facie defence and should be allowed to defend.

• Rescission Of Judgment
• Default Judgment
• Commercial Lease
• Suretyship Liability
• Conventional Penalties Act
• Rescission-of-judgment

Changing Tides 91 (Pty) Ltd and Others v Azam & Friends (Pty) Ltd t/a Urban Roti (1194/2024)

Changing Tides 91 (Pty) Ltd and Others v Azam & Friends (Pty) Ltd t/a Urban Roti (1194/2024) [2024] ZAECQBHC 31 (24 April 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1194/2024

Judge

Gqamana

The High Court struck an urgent eviction application from the roll, finding the applicants failed to establish genuine urgency or justify the truncated timeframes.

• Urgent Application
• Eviction
• Lease Cancellation
• Commercial Lease
• Abridgment Of Time
• Costs Order

Lisinfo Trading (Pty) Ltd and Others v Lunem Learning Centre (Pty) Ltd and Others (2023-052134)

Lisinfo Trading (Pty) Ltd and Others v Lunem Learning Centre (Pty) Ltd and Others (2023-052134) [2023] ZAGPJHC 726 (26 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-052134

Judge

Moorcroft

High Court eviction matter from commercial premises used as a school, after lease cancellation for substantial arrear rental and unpaid charges. Leave was also granted for the company’s director to appear.

• Eviction
• Commercial Lease
• Holding Over
• Representation Of Companies
• Arrear Rental
• Pre Emptive Rights

Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023)

Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023) [2023] ZAGPJHC 563 (25 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

8494/2023

Judge

L R Adams

The High Court dismissed a commercial eviction application because the landlord’s lease cancellation was premature and therefore invalid.

• Commercial Lease
• Eviction
• Breach Of Contract
• Notice To Remedy Breach
• Commercial-lease
• Breach-of-contract

Boesch N.O and Others v Mason Africa Group (Pty) Limited (2021/55096)

Boesch N.O and Others v Mason Africa Group (Pty) Limited (2021/55096) [2023] ZAGPJHC 929 (18 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/55096

Judge

RJ Moultrie

Summary judgment in a commercial lease dispute was dismissed because the plaintiffs did not adequately meet Rule 32 and the claim was not liquidated.

• Summary Judgment
• Commercial Lease
• Liquidated Claim
• Breach Of Contract
• Covid19 Regulations
• Reciprocal Obligations

K2012150042 (South Africa) (Pty) Ltd v Varnado Investments (Pty) Ltd and Another (19788/2021)

K2012150042 (South Africa) (Pty) Ltd v Varnado Investments (Pty) Ltd and Another (19788/2021) [2022] ZAWCHC 226 (18 October 2022)

Court

Western Cape High Court, Cape Town

Case number

19788/2021

Judge

Mangcu-Lockwood

The High Court dismissed a postponement request and granted summary judgment for arrear rentals, ejectment, and costs under a commercial lease and suretyship.

• Summary Judgment
• Commercial Lease
• Arrear Rentals
• Suretyship
• Ejectment
• Summary-judgment

Italite Investments (PTY) Ltd v Dzuni Properties CC and Another (2021/6114)

Italite Investments (PTY) Ltd v Dzuni Properties CC and Another (2021/6114) [2022] ZAGPJHC 789 (10 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/6114

Judge

Moorcroft

The High Court granted an eviction order after finding that a commercial lease had expired, was lawfully cancelled for breach, and the tenant remained in occupation.

• Eviction
• Commercial Lease
• Lease Cancellation
• Arrear Rental
• Postponement Application
• Commercial-lease

Redfine Properties Ltd v PHB Health CC t/a Switchplayground and Another (24943/2021)

Redfine Properties Ltd v PHB Health CC t/a Switchplayground and Another (24943/2021) [2022] ZAGPJHC 666 (8 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

24943/2021

Judge

MAKUME

Summary judgment was refused on the rental claims, but eviction was ordered. The court found triable issues about the amount owing under a disputed lease cancellation.

• Commercial Lease
• Eviction
• Summary Judgment
• Suretyship
• Arrear Rental
• Commercial-lease