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Axter Properties CC v Kalla and Another (48402/07) [2011] ZAGPPHC 102 (30 May 2011)
High Court spoliation case involving possession of a shop in Polokwane and whether a member of a close corporation still had authority to grant access.
Nedcor Bank Limited v Withinshaw Properties (PTY) Ltd (A591/01) [2002] ZAWCHC 29; 2002 (6) SA 236 (C) (30 May 2002)
The court held that the appellant's continued occupation of the premises after the lease expired was lawful and with the respondent's consent, solely for the purpose of reinstating the premises as required by the lease agreement. There was no evidence of a tacit relocation or implied lease agreement, as the appellant had made clear its intention not to renew the lease. The relevant case law relied upon by the magistrate was distinguishable, as those cases involved occupation without the landlord's consent after termination. The court found that the lease required restoration upon termination,…
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