South Africa Case Law

Legend Spunbond (Pty) Ltd v Nefdt and Another (2024/129654)

Legend Spunbond (Pty) Ltd v Nefdt and Another (2024/129654) [2025] ZAGPJHC 563 (3 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/129654

Judge

Nair

The court found that the requirements for lis alibi pendens were satisfied. Although the Germiston matter was instituted against LY Plastics Manufacturing and Recycling Engineering Polymers (Pty) Ltd and not directly against Mr Nefdt, he is the sole director and entered into the lease agreement on behalf of the company. The cause of action in both matters is the same—the oral commercial lease agreement—and the relief sought (ejectment from the premises) is substantially the same. The pleadings and correspondence indicate that the applicant seeks ejectment of both Mr Nefdt and the company. The…

Source excerpt

• Lis Alibi Pendens
• Ejectment
• Commercial Lease
• Stay Of Proceedings

Crocker v Prinsloo and Others (2023/055449)

Crocker v Prinsloo and Others (2023/055449) [2025] ZAGPJHC 141 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/055449

Judge

H M Viljoen

Summary judgment was granted in an ejectment dispute after the defendants failed to show a bona fide defence, arrears defence, or valid basis to resist cancellation.

• Alienation Of Land Act
• Ejectment
• Summary Judgment
• Instalment Sale Agreement
• Summary-judgment
• Alienation-of-land-act

Somo and Others v Thonts Properties (Pty) Ltd and Others (2023-114895)

Somo and Others v Thonts Properties (Pty) Ltd and Others (2023-114895) [2025] ZAGPPHC 88 (10 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-114895

Judge

GN Moshoana

Urgent stay-of-ejectment application dismissed for lack of legal standing. The court held the first applicant’s executrix powers did not extend to the property.

• Stay Of Execution
• Legal Standing
• Urgent Interdict
• Administration Of Estates Act
• Ejectment Order
• Stay-of-execution

Azrapart (Pty) Limited v Huseyin (Pty) Ltd and Another (2022/5357)

Azrapart (Pty) Limited v Huseyin (Pty) Ltd and Another (2022/5357) [2024] ZAGPJHC 874 (9 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/5357

Judge

GD Wickins

Summary judgment was granted in a commercial lease dispute. The court rejected rectification and public-policy defences, but treated some post-vacation consumption charges as not liquid.

• Summary Judgment
• Lease Agreement
• Rectification
• Contra Bonis Mores
• Liquidated Claim
• Remission Of Rental

BP Southern Africa (Pty) Ltd and Another v Boy No 50 Trading (Pty) Ltd (2024/089753)

BP Southern Africa (Pty) Ltd and Another v Boy No 50 Trading (Pty) Ltd (2024/089753) [2024] ZAGPJHC 803 (26 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/089753

Judge

D J Wilson

The High Court dismissed leave to appeal and ordered interim execution of an ejectment order over a petrol station selling hazardous fuel.

• Urgent Interdict
• Arbitration Clause
• Ejectment
• Interim Execution
• Lease Termination
• Hazardous Goods

Aposroliese Geloof Sending Van Suid Afrika v Chayah Investments (Pty) Ltd (2023/112776)

Aposroliese Geloof Sending Van Suid Afrika v Chayah Investments (Pty) Ltd (2023/112776) [2024] ZAGPJHC 673 (26 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/112776

Judge

S D J Wilson

The High Court granted ejectment against an occupier after a failed property sale, holding unresolved restitution issues did not bar eviction and no enrichment lien was shown.

• Alienation Of Land Act
• Ejectment
• Enrichment Lien
• Conventional Penalties Act
• Sale-of-land
• Restitution

Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC t/a The Fish and Chips Company and Another (55408/2021)

Isibonelo Property Services (Pty) Ltd v Uchemek World Cargo Link Freight CC t/a The Fish and Chips Company and Another (55408/2021) [2024] ZAGPJHC 660 (18 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

55408/2021

Judge

F Bezuidenhout

Summary judgment was granted for arrear rental, interest, ejectment, and costs after the court found no bona fide defence to the lease breach claim.

• Lease Agreement Breach
• Summary Judgment
• Suretyship Liability
• Consumer Protection Act
• Arbitration Clause
• National Credit Act

SA Retail Properties (Pty) Ltd v Paulshof Liquors CC and Another (2023/009622)

SA Retail Properties (Pty) Ltd v Paulshof Liquors CC and Another (2023/009622) [2024] ZAGPJHC 651 (5 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/009622

Judge

Nico van der Walt

Summary judgment granted for arrears rental and ejectment under a commercial lease; the holding-over damages claim was dismissed, and attorney-and-client costs awarded.

• Lease Agreement Breach
• Arrear Rental
• Ejectment
• Liquidated Claim
• Summary Judgment
• Attorney And Client Costs

Hyprop Investments Limited v New Age Concepts (Pty) Limited t/a Reads (2023/028461)

Hyprop Investments Limited v New Age Concepts (Pty) Limited t/a Reads (2023/028461) [2024] ZAGPJHC 577 (20 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/028461

Judge

Mudau

The court found that, although the mortgage bond contained a cession of rights to Nedbank, the relevant clauses (8.2 and 8.3) provided for automatic re-cession of rights to the applicant upon the institution of legal proceedings or the issuing of a letter of demand, unless there was a default requiring Nedbank's consent. As no default was alleged, the applicant's rights to enforce the lease and seek ejectment were automatically re-ceded. The court distinguished the present case from Picardi Hotels, noting the different wording of the bond. The applicant, as owner, retained the right to posses…

Source excerpt

• Ejectment
• Locus Standi
• Mortgage Bond Cession
• Lease Termination
• Costs On Attorney Client Scale

Kistnasamy and Others v Pillay and Another (D5841/2023)

Kistnasamy and Others v Pillay and Another (D5841/2023) [2024] ZAKZDHC 31 (24 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D5841/2023

Judge

Mossop

The court held that an oral sub-lease was cancelled and ordered the respondent to vacate business premises in Amanzimtoti after non-payment of rent.

• Oral Sublease Agreement
• Ejectment
• Cancellation Of Lease
• Breach Of Contract
• Oral-sublease
• Lease-cancellation