Brink v Dell and Others (3898/2021)
Brink v Dell and Others (3898/2021) [2021] ZAFSHC 329 (12 December 2021)
The court found that the applicant was not entitled to cancel the notarial lease agreement. The respondent provided a credible version supported by expert evidence that the alleged breaches—overgrazing and failure to control invasive species—did not occur as claimed. The respondent's rotational grazing practices and ongoing control of invasive weeds were consistent with the lease terms. The presence of sub-tenants was not a breach, as written consent had been obtained. The court applied the Plascon Evans rule, adjudicating the matter on the respondent's version due to the real dispute of fact…
Source excerpt
- Notarial Lease Cancellation
- Breach Of Lease
- Overgrazing
- Invasive Species Control