South Africa Case Law

Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021)

Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

1750/2021

Judge

AC Basson

The court found that the applicants were in lawful possession of the premises and that the supply of electricity was essential for the operation of their businesses. The respondents' act of loading arrears onto the pre-paid meters, thereby restricting access to electricity, materially interfered with the applicants' possession of the property. The court distinguished between purely personal rights and incidents of possession, holding that in this case, the right to electricity was an adjunct to the right of occupation and formed part of the cluster of rights inherent in possession. The respon…

Source excerpt

• Spoliation
• Mandament Van Spolie
• Electricity Supply Interruption
• Landlord Tenant Dispute
• Urgent Interdict

Kasi v Patinios and Another (D3502/2020)

Kasi v Patinios and Another (D3502/2020) [2020] ZAKZDHC 26 (24 July 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D3502/2020

Judge

M R Chetty

The court granted spoliatory relief restoring access to a restaurant premises, but dismissed an interdict over signage and stock removal.

• Mandament Van Spolie
• Urgent Interdict
• Landlord Tenant Dispute
• Tacit Hypothec
• Possession
• Self Help Remedy

Kasi v Patinios and Another (D3502/2020)

Kasi v Patinios and Another (D3502/2020) [2020] ZAKZDHC 43 (24 July 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D3502/2020

Judge

M R Chetty

The High Court granted spoliatory relief after finding the applicant was unlawfully locked out of leased business premises, but refused a separate interdict.

• Mandament Van Spolie
• Urgent Interdict
• Landlord Tenant Dispute
• Possession
• Self Help
• Lease Termination

La Familia Street Culture (Pty) Ltd v Amber Brand Investments (Pty) Ltd (2019/40696)

La Familia Street Culture (Pty) Ltd v Amber Brand Investments (Pty) Ltd (2019/40696) [2019] ZAGPJHC 520 (2 December 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/40696

Judge

E Molahlehi

The High Court granted a spoliation order restoring a tenant’s premises, stock, equipment, and electricity after the landlord changed the locks and cut utilities.

• Mandament Van Spolie
• Unlawful Dispossession
• Urgent Interdict
• Landlord Tenant Dispute
• Mandament-van-spolie
• Unlawful-dispossession

Perryvale Investments (Pty) Ltd v Patel NO and Another (13096/2005)

Perryvale Investments (Pty) Ltd v Patel NO and Another (13096/2005) [2008] ZAWCHC 224 (25 July 2008)

Court

Western Cape High Court, Cape Town

Case number

13096/2005

Judge

Davis

High Court review of a Rental Housing Tribunal decision over roof repairs, maintenance, rent remission, and report costs. The prosecution referral was set aside.

• Promotion Of Administrative Justice Act
• Rental Housing Act
• Remission Of Rent
• Unfair Practices
• Landlord Tenant Dispute
• Maintenance Obligations

Myeleyele and Another v Pssimeco International and Another (21682/02)

Myeleyele and Another v Pssimeco International and Another (21682/02) [2002] ZAGPHC 36 (12 November 2002)

Court

High Courts - Gauteng

Case number

21682/02

Judge

Willis

The High Court dismissed an urgent spoliation application over electricity cut-offs at Pioneer Place, holding the landlord had not physically disconnected the supply and the supplier could act on arrears.

• Spoliation
• Electricity Supply
• Landlord Tenant Dispute
• Interdict
• Contractual Relationship
• Electricity-supply