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South Africa decisions
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Dial Africa Distributors (Pty) Ltd and Others v Cachalia and Others (2025/054245) [2025] ZAGPJHC 467 (9 May 2025)
Urgent application to stay execution of an eviction order pending rescission was dismissed; the court held PIE did not apply and the eviction was already executed.
Bagon Investment Holdings (Pty) Ltd v Hadar and Others (2024/059610) [2025] ZAGPPHC 302 (7 March 2025)
The court found that the lease agreement was not validly renewed in terms of clause 5.2. The respondents' email constituted an invitation to negotiate rather than a formal exercise of the renewal option, and did not comply with the procedural requirements, including delivery to the domicilium address. The handwritten amendment to clause 5.1 did not alter the renewal period in clause 5.2, which remained one year and was not amended. The respondents failed to prosecute a counterapplication for rectification and did not provide sufficient evidence of a common intention to renew for three years.…
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Textton Property Fund Limited v Maxine Gunzenhauser and Company Incorporated and Others (2024/098805) [2024] ZAGPJHC 909 (10 September 2024)
The High Court struck an urgent eviction application from the roll because the applicant failed to show real urgency, and ordered costs against the applicant.
Municipal Employees Pension Fund v Aspara Tech And Projects (Pty) Ltd ta Gadget Solutions and Another (2023/009050) [2024] ZAGPJHC 530 (31 May 2024)
The court held that Aspara failed to comply with the clear contractual requirement to give notice for renewal of the lease. The lease agreement and its addendum provided an unambiguous procedure for renewal, which Aspara did not follow. The respondent's reliance on public policy, Ubuntu, good faith, and fairness cannot override the express terms of the contract. The jurisprudence since Beadica and Capitec Bank Holdings confirms that courts may not impose agreements or alter clear contractual rights based on abstract principles. The landlord's refusal to renew was within its rights, and the te…
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Cadentia Properties CC v B Steer 2 Route 27 (Pty) Ltd (523/2022) [2022] ZAWCHC 154 (10 June 2022)
The High Court found a commercial lease had expired on 30 September 2021 and ordered the respondent to vacate the premises, allowing three months to move.
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