South Africa Case Law

Makhele NO v Mhlomi and Another (27040/2021)

Makhele NO v Mhlomi and Another (27040/2021) [2025] ZAGPJHC 103 (5 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

27040/2021

Judge

Dippenaar

The applicant failed to establish locus standi to seek eviction and arrear rental, as she did not provide sufficient documentary evidence linking her authority to the property or demonstrating ownership. The respondent's version regarding improvements and the existence of an improvement lien could not be rejected as false or untenable. There were irresoluble factual disputes regarding the lease agreement, rental amount, and ownership, which were known to the applicant prior to launching the application. The applicant did not seek referral to trial or oral evidence, and motion proceedings were…

Source excerpt

• Eviction
• Locus Standi
• Improvement Lien
• Oral Lease Agreement
• Motion Proceedings

Edenvale Panthers Rugby Club v Burnett t/a Offside Pub (070363/2023)

Edenvale Panthers Rugby Club v Burnett t/a Offside Pub (070363/2023) [2025] ZAGPJHC 54 (29 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

070363/2023

Judge

A Millar

The High Court granted eviction against a pub tenant after finding the club validly authorised suit, had standing as lessee, and the rent set-off claim failed.

• Eviction
• Lease Agreement
• Joinder
• Set Off
• Improvement Lien
• Lease-agreement

Visagie N.O v Jumalo Trading CC (740/2023)

Visagie N.O v Jumalo Trading CC (740/2023) [2024] ZANCHC 56 (7 June 2024)

Court

Northern Cape High Court, Kimberley

Case number

740/2023

Judge

Lever

The High Court held that the estate, as registered owner, could evict the respondent. The lease barred any improvement lien, and non-joinder was not fatal.

• Rei Vindicatio
• Eviction
• Improvement Lien
• Locus Standi
• Non Joinder
• Rei-vindicatio

Labuschagne v Farm to Table Meats (Pty) Ltd and Others (041961/22)

Labuschagne v Farm to Table Meats (Pty) Ltd and Others (041961/22) [2024] ZAGPPHC 429 (29 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

041961/22

Judge

Burger

High Court refused leave to appeal, granted a section 18(3) application, and allowed immediate execution of an eviction order over farm property.

• Eviction
• Leave To Appeal
• Improvement Lien
• Condonation
• Section 18 Application
• Costs Punitive

Blair Atholl Homeowners Association (NPC) v WSC Meyer and Anothe (46150/18)

Blair Atholl Homeowners Association (NPC) v WSC Meyer and Anothe (46150/18) [2023] ZAGPPHC 2055 (22 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

46150/18

Judge

Collis

The High Court ordered eviction of a respondent from a house in Blair Atholl Golf Estate, rejecting his lease, cession, lien, and hoër-gaa t-voor-koop defences under PIE.

• Eviction
• Prevention Of Illegal Eviction Act
• Lease Agreement Validity
• Improvement Lien
• Huur Gaat Voor Koop
• Authority To Institute Proceedings

CS Oosthuizen Boerdery CC v Radiant Hour Ministry International (NPC) (4261/2023)

CS Oosthuizen Boerdery CC v Radiant Hour Ministry International (NPC) (4261/2023) [2023] ZAFSHC 464 (30 November 2023)

Court

Free State High Court, Bloemfontein

Case number

4261/2023

Judge

PJJ Zietsmann

The respondent failed to honour the payment terms of the written sale agreement, which contained an entrenched formalities clause prohibiting improvements without prior written consent. The respondent's reliance on mediation under Uniform Rule 41A and the alternative dispute resolution clause was misplaced, as the applicant opposed mediation and the clause was inapplicable. The defence of a verbal amendment to the payment terms was unsupported and legally barred by established authority. The respondent's claim to an improvement/enrichment lien was rejected because the improvements were made w…

Source excerpt

• Eviction
• Improvement Lien
• Contractual Formalities
• Alternative Dispute Resolution
• Verbal Amendment
• Costs Order

Labuschagne v Farm to Table Meats (Pty) Ltd and Others (041961/22)

Labuschagne v Farm to Table Meats (Pty) Ltd and Others (041961/22) [2023] ZAGPPHC 1784 (27 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

041961/22

Judge

Burger

The applicant is the lawful owner of the property and the respondents occupy it against his will. The lease agreement was validly cancelled and the respondents failed to rectify their breach by not paying rent directly to the applicant. The respondents' reliance on an improvement lien is misplaced, as South African law, specifically the Placaaten, provides that a lessee may only claim compensation for improvements after vacating the property and does not have a right of retention or lien to remain in occupation. The respondents' defences are untenable and amount to fictitious disputes of fact…

Source excerpt

• Eviction
• Improvement Lien
• Rei Vindicatio
• Motion Proceedings
• Pacta Sunt Servanda

Knoop N.O. and Others v Khumalo and Others (6174/2021P)

Knoop N.O. and Others v Khumalo and Others (6174/2021P) [2023] ZAKZPHC 12 (3 February 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6174/2021P

Judge

P C Bezuidenhout

The High Court granted eviction after finding the purchase agreement had been validly cancelled for non-compliance and the respondents had no lawful right to remain.

• Eviction
• Unlawful Occupation
• Purchase And Sale Agreement
• Improvement Lien
• Sequestration
• Unlawful-occupation

Passano v Erasmus (82775/2015)

Passano v Erasmus (82775/2015) [2023] ZAGPPHC 583 (16 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

82775/2015

Judge

Janse Van Nieuwenhuizen

The High Court held that the defendant’s occupation was lawful because she had a retention lien for improvements, and dismissed both claims with no costs order.

• Improvement Lien
• Enrichment Claim
• Lawful Occupation
• Retention Right
• Compensation For Improvements
• Improvement-lien

Growthpoint Properties Limited v JICAMA 51 Ltd t/a Rusty Grand Cafe (M132/2022)

Growthpoint Properties Limited v JICAMA 51 Ltd t/a Rusty Grand Cafe (M132/2022) [2022] ZANWHC 53 (30 December 2022)

Court

North West High Court, Mafikeng

Case number

M132/2022

Judge

J T Djaje

The High Court dismissed lis pendens and non-joinder objections, cancelled a lease for breach, ordered eviction, and allowed electricity disconnection.

• Eviction
• Lease Cancellation
• Improvement Lien
• Lis Pendens
• Non Joinder
• Lease-cancellation