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Land And Property [2016] ZAGPJHC 158

Solgas (Pty) Ltd v Tang Delta Properties CC (11388/2015)

Solgas (Pty) Ltd v Tang Delta Properties CC (11388/2015) [2016] ZAGPJHC 158 (20 April 2016)

The court found that the lessor's tacit hypothec for damages was received from the common law and had not been abrogated by statute or disuse in South African law. The absence of reported cases on the hypothec for damages was attributed to historical error and misapprehension, not silent consent or legislative repeal. The court held that the respondent was entitled to rely on the hypothec for damages arising from the applicant's failure to restore the premises. The respondent established a prima facie case for damages, and the applicant's denials were undermined by contradiction. Accordingly,…

  • Lessor Tacit Hypothec
  • Damages For Failure To Restore Premises
  • Interim Interdict
  • Abrogation By Disuse
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