South Africa Case Law

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020)

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020) [2025] ZAKZDHC 37 (11 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7596/2020

Judge

Mathenjwa

The court found that after the termination of the lease agreement, the defendant failed to remove the displaced people from the plaintiff's tent and ablution facilities, thereby preventing the plaintiff from regaining possession. The continued occupation constituted holding over, and the defendant, as a sphere of government, was liable for the damages arising from the loss of use of the plaintiff's property. The defendant's argument that the plaintiff voluntarily refrained from taking possession was rejected, as the defendant itself admitted that it had no alternative accommodation and could…

Source excerpt

• Holding Over
• Lease Agreement Termination
• Damages For Loss Of Use
• Municipal Obligations
• Preferential Procurement
• Constitutional Right To Housing

Air Products SA (Pty) Limited v Peninsula Scrab Metals Cape CC t/a Peninsula Scrap Metals and Another (5896/05)

Air Products SA (Pty) Limited v Peninsula Scrab Metals Cape CC t/a Peninsula Scrap Metals and Another (5896/05) [2008] ZAFSHC 5 (7 February 2008)

Court

Free State High Court, Bloemfontein

Case number

5896/05

Judge

M Voges

The High Court dismissed Air Products’ claims for payment, cylinder rental, replacement value, and damages, finding no proof of authority or estoppel.

• Credit Agreements
• Agency And Estoppel
• Burden Of Proof
• Damages For Loss Of Use
• Agency-and-estoppel
• Credit-agreements