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South Africa decisions
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R.M v M.M (2019/26021) [2024] ZAGPJHC 111 (2 February 2024)
The High Court dismissed an eviction application after finding the respondent was jointly registered on the leasehold and therefore lawfully in occupation.
Mmakoena v Matome and Others (CIV APP MG 07/23) [2024] ZANWHC 90 (22 January 2024)
High Court appeal in an eviction matter. The court held the magistrate should have dismissed the application, upheld the appeal, and set aside the roll removal orders.
Limnothech Exports (Pty) Ltd v Blue Lion Security Group CC (1432/2022) [2023] ZAMPMBHC 20 (27 March 2023)
The High Court dismissed an eviction application as premature after finding the landlord had not complied with the lease’s breach-notice requirements.
Airport Inn and Suites (Pty) Limited v Strydom (2020/28545) [2021] ZAGPJHC 63 (7 May 2021)
The court found that the applicant's refusal to renew the lease was unreasonable. The reasons advanced at the time—irreconcilable differences over the lease, the respondent's urgent application, and residential rent arrears—were either not connected to the commercial lease or were not valid grounds for refusal. The respondent was contractually entitled to renew, and the applicant's failure to comply with the Consumer Protection Act's notice requirements did not automatically convert the lease to a month-to-month arrangement but reinforced the respondent's renewal right. The applicant failed t…
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N.C.O and Another v D.O and Another (A244/2019) [2020] ZAWCHC 35 (12 May 2020)
The court found that a property partnership existed between the parties, encompassing the P Street property, the guesthouse business, and the Digteby property, based on their conduct, communications, and mutual intention to build collective value. The plaintiff was entitled to 50% of the net partnership assets, and the partnership was ordered to be liquidated by an independent liquidator. The plaintiff's entitlement to personal maintenance was established due to her age, health, and lack of earning capacity, with the quantum set at R10,000 per month, escalating annually with inflation. The du…
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Eliopolous v Zondi and Others (LCC75/2018) [2019] ZALCC 10 (21 June 2019)
The Land Claims Court postponed an eviction application and a labour-tenant counterclaim, and required the Department to explain a proposed settlement purchase.
Botha and Others v Mashishi and Another (22049/18) [2018] ZAGPPHC 842 (9 November 2018)
The eviction application became moot after the respondents vacated, but the High Court ordered the first respondent to pay attorney-and-client costs.
Tsotetsi NO v Radebe and Another (A3084/16) [2018] ZAGPJHC 536 (4 September 2018)
The High Court held that absolution from the instance is not a final merits decision and does not support res judicata; lis pendens was also inapplicable.
Instika Yethu Local Municipality v Sipakisi-Olayi and Others (3303/2014) [2018] ZAECMHC 15 (27 February 2018)
The court held that the applicant's notice of withdrawal was invalid as it was delivered after the matter had been set down for hearing, without the respondents' consent or leave of the court, contrary to rule 41(1)(a) of the Uniform Rules of Court. The court emphasized its discretion over proceedings once set down and rejected the applicant's attempt to withdraw the application from the bar, finding such conduct contrary to the Rules and prejudicial to the respondents, especially given the constitutional rights at stake. The main application therefore remained extant, and the related interlo…
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Mohomed v Nomafusi (7576/2013) [2015] ZAKZDHC 67 (2 September 2015)
The court held that the Durban seat of the KwaZulu-Natal High Court does not have jurisdiction over the Mount Currie magisterial district, where Kokstad is situated. The transitional provisions of section 50(1) of the Superior Courts Act 10 of 2013 maintain the jurisdictional boundaries as set out in the First Schedule to the Supreme Court Act 59 of 1959, unless altered by notice in the Gazette. No such notice has been issued to extend the Durban seat's jurisdiction to include Mount Currie. Therefore, the application for eviction must be dismissed for lack of jurisdiction.
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