South Africa Case Law

Pareto Limited and Another v Kotze (14109/2024)

Pareto Limited and Another v Kotze (14109/2024) [2025] ZAWCHC 338 (8 August 2025)

Court

Western Cape High Court, Cape Town

Case number

14109/2024

Judge

J Cloete

The court found that only the Covid-19 defence raised a triable issue, specifically whether the lockdown regulations hindered or prevented the tenant from performing under the lease, thereby entitling the tenant to further rental remission under the force majeure clause. The plaintiffs failed to engage substantively with the contractual provisions regarding hindered performance and remission of rent, and the defendant's submissions on this point met the threshold for a triable issue. The other defences—regarding unliquidated amounts, renegotiated rental, and ambiguity in the deed of suretyshi…

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• Lease Agreement
• Force Majeure
• Covid 19 Regulations
• Summary Judgment
• Remission Of Rent

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023)

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023) [2025] ZANWHC 134 (5 August 2025)

Court

North West High Court, Mafikeng

Case number

1752/2023

Judge

J.T. Maodi

High Court summary judgment in favor of the Government Employees Pension Fund for arrear lease charges, despite a reliance on an arbitration clause.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Arbitration Clause
• Summary-judgment

Di Trapani v WU (14359/2022)

Di Trapani v WU (14359/2022) [2025] ZAGPJHC 634 (25 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

14359/2022

Judge

Kazee

High Court judgment on tenant arrears, a disputed right of first refusal, and claims for compensation for improvements to leased property.

• Lease Agreement
• Arrear Rental
• Right Of First Refusal
• Unjustified Enrichment
• Improvements To Property
• Lease-agreement

Knowledge Objects Healthcare (Pty) Ltd v Inani Prop Holding (Leave to Appeal) (2024/014083)

Knowledge Objects Healthcare (Pty) Ltd v Inani Prop Holding (Leave to Appeal) (2024/014083) [2025] ZAGPPHC 537 (28 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/014083

Judge

Lesufi

The court found that the affidavit deposed by Mr Ramsamy on behalf of the respondent complied with Rule 32(2)(a) of the Uniform Rules of Court. The deponent's position and statements in the affidavit were sufficient to establish personal knowledge of the facts, the cause of action, and the amount claimed. The court distinguished the FirstRand Bank Ltd v Beyers precedent, noting that the facts in Beyers were materially different and did not apply to the present matter. The court held that none of the grounds advanced by the applicant demonstrated reasonable prospects of success on appeal, and…

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• Summary Judgment
• Rule 32 Uniform Rules
• Lease Agreement
• Personal Knowledge Affidavit
• Costs Order

Kgotso Lodge (Pty) Ltd v Acting Deputy Director: Land Matters Department of Water and Sanitation and Others (Leave to Appeal) (51056/2021)

Kgotso Lodge (Pty) Ltd v Acting Deputy Director: Land Matters Department of Water and Sanitation and Others (Leave to Appeal) (51056/2021) [2025] ZAGPPHC 480 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

51056/2021

Judge

Retief

Leave to appeal was refused because the impugned decision did not relate to the applicant’s formal lease or grazing applications and no reasonable prospects existed.

• Review Of Administrative Action
• Lease Agreement
• Prospects Of Success
• Superior Courts Act
• Costs Award
• Leave-to-appeal

Calitz v Buys N.O and Others (2696/2024)

Calitz v Buys N.O and Others (2696/2024) [2025] ZAFSHC 130 (8 May 2025)

Court

Free State High Court, Bloemfontein

Case number

2696/2024

Judge

Boonzaaier AJ

The High Court refused rescission of a default judgment and declined to set aside the writ, finding no excusable default or bona fide defence.

• Default Judgment
• Rescission Of Judgment
• Writ Of Execution
• Lease Agreement
• Parol Evidence Rule
• Rescission-of-judgment

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024)

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024) [2025] ZAECMHC 32 (6 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4233/2024

Judge

JGA Laing

The defendant failed to disclose sufficient facts to establish a bona fide defence to the plaintiff's claim for cancellation and eviction. The lease agreement clearly places responsibility for zoning and permits on the defendant, and contains explicit clauses excluding the landlord's liability for fitness for purpose and waiving any relaxation of rights. The defendant's allegations regarding zoning and public policy are inadequately pleaded and unsupported by material facts. There is no evidence of unequal bargaining power or infringement of constitutional values that would render the no-warr…

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• Lease Agreement
• Summary Judgment
• Contractual Waiver
• Public Policy In Contract
• Zoning And Land Use
• Counterclaim For Damages

Lateovista (Pty) Limited v Ekurhuleni Metropolitan Municipality (2025/038460)

Lateovista (Pty) Limited v Ekurhuleni Metropolitan Municipality (2025/038460) [2025] ZAGPJHC 379 (8 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/038460

Judge

H A van der Merwe

The High Court dismissed an urgent bid to restore electricity to a leased property, holding that spoliation, contempt, and an interdict were not established.

• Mandament Van Spolie
• Municipal Services
• Procedural Fairness
• Lease Agreement
• Contractual Remedies
• Mandament-van-spolie

Mcglashan N.O and Others v Fhulufhelo and Another (2023/042194)

Mcglashan N.O and Others v Fhulufhelo and Another (2023/042194) [2025] ZAGPJHC 355 (31 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/042194

Judge

A Friedman

The High Court refused leave to appeal against an eviction order, granted condonation, and set a date for vacating the property.

• Eviction
• Trust Termination
• Lease Agreement
• Condonation
• Prevention Of Illegal Eviction Act
• Leave-to-appeal

Du Preez v Du Preez (597/2025)

Du Preez v Du Preez (597/2025) [2025] ZANCHC 28 (28 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

597/2025

Judge

Mamosebo

Urgent spoliation and interdict application over farm water supply dismissed; the court held the applicant lacked possessory control and raised only contractual rights.

• Mandament Van Spolie
• Urgent Interdict
• Lease Agreement
• Possession
• Specific Performance
• Mandament-van-spolie