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Land And Property [2021] ZAWCHC 171

Brothers Property Holdings (Pty) Ltd v Dansalot Trading (Pty) Ltdt/a Chinese Fair (6149/2021)

Brothers Property Holdings (Pty) Ltd v Dansalot Trading (Pty) Ltdt/a Chinese Fair (6149/2021) [2021] ZAWCHC 171 (1 September 2021)

The court found that the applicant was entitled to cancel the lease agreement and evict the respondent for failure to pay rental on the due date, as clause 11 of the lease agreement clearly distinguished between breaches requiring notice and those, such as late payment, that did not. The principle of 'huur gaat voor koop' applied, making the applicant the successor in title and bound by the lease. The contra proferentem rule was not applicable as the wording of clause 11 was unambiguous. The respondent's argument that the applicant's conduct constituted repudiation was rejected, as the respon…

  • Commercial Lease Eviction
  • Huur Gaat Voor Koop
  • Breach Of Contract
  • Contractual Interpretation
  • Pacta Sunt Servanda
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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.