Bright Idea Projects 66 (Pty) Ltd t/a All Fuels Moosa N.O and Others (4063/2018D)
Bright Idea Projects 66 (Pty) Ltd t/a All Fuels Moosa N.O and Others (4063/2018D) [2020] ZAKZDHC 47 (12 October 2020)
The court held that the right of pre-emption in the lease was extended upon renewal and transferred with the lease, supported by written agreements and endorsements on the title deed. The distinction between collateral and incidental terms is no longer necessary; all terms are extended with renewal. The remedy of 'stepping in' is competent both on the facts and the law, as established by Mokone and Oryx. The excipients' reliance on case law was misplaced, as none supported their grounds of exception. The fraudulent expunging of the pre-emption from the title deed and the constructive and stat…
Source excerpt
- Right Of Pre Emption
- Lease Renewal
- Specific Performance
- Huur Gaat Voor Koop
- Formalities In Respect Of Leases
- Fraudulent Transfer