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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1285

South African Local Authorities Pension Fund v SOS Media Productions (Pty) Ltd t/a Black Door (10870/2022)

South African Local Authorities Pension Fund v SOS Media Productions (Pty) Ltd t/a Black Door (10870/2022) [2023] ZAGPJHC 1285 (9 November 2023)

Court
South Gauteng High Court, Johannesburg
Case number
10870/2022
Judge
Strijdom

The court found that substantial factual disputes exist between the parties regarding the validity of the renewal notice and the respondent's continued occupation of the premises. The applicant failed to discharge its onus to show a very strong case against referral to arbitration. The lease agreement contains a valid arbitration clause, and the respondent properly raised a preliminary point in limine for referral to arbitration. The court exercised its discretion to stay the proceedings pending arbitration, as required by section 6(2) of the Arbitration Act and relevant case law. The applica…

Source excerpt

  • Arbitration Act Stay Of Proceedings
  • Commercial Lease Dispute
  • Option To Renew
  • Arbitration Clause Enforcement
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Civil Procedure [2009] ZAGPPHC 268

Concrete Factory BK en Anders v Ehlers en Anders (13814/09)

Concrete Factory BK en Anders v Ehlers en Anders (13814/09) [2009] ZAGPPHC 268 (7 August 2009)

Court
North Gauteng High Court, Pretoria
Case number
13814/09
Judge
Prinsloo R

The court found that the applicants failed to comply with the strict procedural requirements for urgent applications in the North Gauteng High Court. The application was set down on a Monday, contrary to established practice, and the respondents were not afforded reasonable time to prepare and file opposing affidavits. The founding papers did not provide any motivation for deviation from the prescribed procedures. The court held that condoning such conduct would set a dangerous precedent and undermine the integrity of urgent application procedures. Furthermore, the matter did not warrant imme…

Source excerpt

  • Spoliation
  • Urgent Application Procedure
  • Striking From The Roll
  • Commercial Lease Dispute
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.