Centpret Properties (Pty) Ltd v Gerhardus D van Loggenberg & Associates CC and Others (A382/2013)
Centpret Properties (Pty) Ltd v Gerhardus D van Loggenberg & Associates CC and Others (A382/2013) [2016] ZAGPPHC 328 (5 May 2016)
The court held that the exemption clauses in the lease agreement could not be invoked by the appellant to avoid liability for damages arising from its unlawful act of spoliation. The clauses, when properly interpreted, did not extend to deliberate and unlawful acts such as spoliation, and any ambiguity must be resolved against the appellant as the proferens. Furthermore, enforcing such clauses to immunise a landlord from liability for intentional unlawful conduct would be contrary to public policy and constitutional rights, including the right to access courts, protection against unlawful dep…
Source excerpt
- Lease Agreement Exemption Clause
- Spoliation
- Public Policy Limitation
- Damages For Unlawful Eviction
- Contractual Interpretation