South Africa Case Law

Falk N.O. and Others v Rapitrade 659 (Pty) Ltd and Others (3519/2021)

Falk N.O. and Others v Rapitrade 659 (Pty) Ltd and Others (3519/2021) [2022] ZAWCHC 128 (9 May 2022)

Court

Western Cape High Court, Cape Town

Case number

3519/2021

Judge

P. S. Van Zyl

The court found that the Trust, as landlord, had a valid lease agreement with the first respondent, and the second and third respondents were sureties for its obligations. The dissolution of the first respondent was planned and executed by the respondents, who now seek to avoid liability for arrear rental by relying on the deregistration. The Trust never consented to any cession or assignment of rights under the lease, and the written agreement required such consent for any change in tenant or subletting. The respondents' arguments that Personal Laundry became the true tenant and that the Tru…

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• Company Dissolution
• Suretyship Liability
• Retrospective Reinstatement
• Lease Agreement Enforcement

MEC For Education: Mpumalanga Province v New Horizon Capital (Pty) Ltd and Another (76883/13)

MEC For Education: Mpumalanga Province v New Horizon Capital (Pty) Ltd and Another (76883/13) [2014] ZAGPPHC 223 (14 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

76883/13

Judge

BAM

The court found that a valid lease agreement existed between the applicant and the previous owner, Ecencico, and that the first respondent, as successor in title, was bound by this agreement under section 14 of the South African Schools Act and the common law principle 'huur gaat voor koop'. The respondent's argument regarding the lack of title deed endorsement was dismissed, as registration was not required by law. Although the applicant failed to pay the rental to the correct party, the respondent was not entitled to take the law into its own hands by denying access to the school and taking…

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• Lease Agreement Enforcement
• Huur Gaat Voor Koop
• Section 14 Schools Act
• Constitutional Right To Education
• Interdict
• Payment Of Rental

S A Taxi Finance Solutions (Pty) Ltd v Ringani (18240/2013)

S A Taxi Finance Solutions (Pty) Ltd v Ringani (18240/2013) [2013] ZAGPJHC 307 (15 October 2013)

Court

South Gauteng High Court, Johannesburg

Case number

18240/2013

Judge

K. Satchwell

The court found that the plaintiff took all reasonable steps to deliver the section 129 notice, including sending it by registered mail and serving it with the summons via the sheriff. The defendant received both the summons and the section 129 notice and had ample opportunity to act but did not do so. There was no evidence of prejudice or any request for directions under section 130(4)(b). The court held that non-receipt of the section 129 notice prior to service of summons is not a valid defence. The argument regarding lack of proper demand under the lease agreement was rejected, as the rig…

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• Summary Judgment
• Section 129 Notice
• Lease Agreement Enforcement
• Attorney And Client Costs

SA Securitisation (Pty) Limited v Matlala (6359/2010)

SA Securitisation (Pty) Limited v Matlala (6359/2010) [2010] ZAGPJHC 70 (29 July 2010)

Court

South Gauteng High Court, Johannesburg

Case number

6359/2010

Judge

Kathree-Setiloane

The court held that the plaintiff was entitled to terminate the debt review process in terms of section 86(10) of the National Credit Act because, at the time of termination, the referral to the Magistrate's Court had not yet been served on the plaintiff. The debt review was therefore still before the debt counsellor and not yet before the Magistrate's Court for hearing under section 87. The plaintiff complied with all statutory requirements for termination and enforcement, including proper notice and service. The defendant failed to disclose a bona fide defence to the plaintiff's claim for r…

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• National Credit Act
• Debt Review Termination
• Summary Judgment
• Lease Agreement Enforcement

Furniture Hardware Supplies (Pty) Ltd v Sirge Fourteen CC (1451/07)

Furniture Hardware Supplies (Pty) Ltd v Sirge Fourteen CC (1451/07) [2007] ZAECHC 93 (23 October 2007)

Court

High Courts - Eastern Cape

Case number

1451/07

Judge

Dambuza

The court held that a landlord could not cancel a lease where the premises were not ready for occupation and the tenant had not been validly placed in mora.

• Lease Agreement Enforcement
• Urgent Application Procedure
• Mora And Cancellation
• Beneficial Occupation
• Remission Of Rent
• Lease-agreement-enforcement