Graceful Blessing (Pty) Ltd v Zander Burger Properties (Pty) Ltd (A32/2023)
Graceful Blessing (Pty) Ltd v Zander Burger Properties (Pty) Ltd (A32/2023) [2023] ZAFSHC 367; 2024 (2) SA 441 (FB) (27 September 2023)
The court held that the respondent established the requirements for mandament van spolie, having been in peaceful and undisturbed possession and unlawfully dispossessed when the appellant changed the locks without a court order. Although the lease agreement contained clause 18 purporting to allow the owner to take any action for immediate ejectment, such a provision does not pass constitutional muster and cannot oust the right of access to court. The court found that freedom of contract is subject to constitutional values, and extra-curial repossession is contrary to public policy. The appell…
Source excerpt
- Mandament Van Spolie
- Lease Cancellation
- Contractual Interpretation
- Pacta Sunt Servanda
- Constitutional Right Of Access To Court
- Extra Curial Ejectment