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South Africa decisions
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Sontsele v 140 Main Street Properties CC and Another (328/2019) [2020] ZASCA 85 (6 July 2020)
The SCA held that a lease renewal option did not preserve the lease where rental was never agreed and the third-party determination clause was not invoked before expiry.
Bergh and Another v Viljoen and Another (14223/13) [2014] ZAWCHC 86 (20 May 2014)
The court found that the agreement between the parties contained all the essential elements of a partnership under South African law. Each party made a substantial financial contribution to the purchase of the farm, satisfying the requirement of contribution. The arrangement was for the joint benefit of all parties, as each obtained immediate possession and development rights over their respective portions, pending subdivision. The court interpreted the requirement of 'profit' or 'gain' broadly, concluding that the advantages and benefits accruing to each party constituted sufficient gain for…
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