South Africa Case Law

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

Kgotso Lodge (Pty) Ltd v Acting Deputy Director: Land Matters Department of Water and Sanitation and Others (51056/2021) [2024] ZAGPPHC 1140 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

51056/2021

Judge

Retief

The High Court dismissed Kgotso Lodge’s review for lack of locus standi, finding the impugned decision concerned Mr Van Der Walt’s lease renewal request, not the applicant’s applications.

• Promotion Of Administrative Justice Act
• Locus Standi
• Lease Agreements
• State Land Allocation
• Locus-standi
• Administrative-law

22 Fricker Road (Pty) Ltd and Another v Those Units listed in Annexure A to Notice of Motion and Others (2023/085256)

22 Fricker Road (Pty) Ltd and Another v Those Units listed in Annexure A to Notice of Motion and Others (2023/085256) [2024] ZAGPJHC 805 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/085256

Judge

Maenetje

The court finds that there is a rational basis for another court to conclude that the lease agreements may create reciprocal obligations for supply and payment of electricity and water, and that non-payment may entitle the applicants, subject to court authorisation, to terminate or restrict such supply. It is arguable that such termination or restriction does not necessarily constitute indirect eviction, and that the existence of pending eviction proceedings under the PIE Act does not preclude the relief sought. The issues raised are novel, of public importance, and bear prospects of success…

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• Eviction Proceedings
• Indirect Eviction
• Lease Agreements
• Water Services Regulation
• Section 26 Constitution
• Alternative Remedy

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021)

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021) [2023] ZANCHC 17 (21 April 2023)

Court

Northern Cape High Court, Kimberley

Case number

547/2021

Judge

Williams

The court found that the Riversdale Trust, through its trustees, engaged in prohibited actions under section 3 of the Subdivision of Agricultural Land Act by entering into lease agreements with occupiers for portions of agricultural land without Ministerial consent. The agreements, which included terms for long-term leases and the sale of shares linked to land occupation, constituted subdivision and contravened the Act. The arrangements also amounted to the unlawful establishment of a township, as evidenced by the creation of multiple residential units, supporting infrastructure, and the exer…

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• Subdivision Of Agricultural Land Act
• Township Establishment
• Spatial Planning Land Use Management Act
• Municipal Planning
• Illegal Land Use
• Lease Agreements

Ferrostaal Gmb and Another Transnet SOC Limited t/a Transnet National Ports Authority and Another (13342/2019)

Ferrostaal Gmb and Another Transnet SOC Limited t/a Transnet National Ports Authority and Another (13342/2019) [2019] ZAWCHC 112; [2019] 4 All SA 409 (WCC) ; 2019 (6) SA 490 (WCC) (29 August 2019)

Court

Western Cape High Court, Cape Town

Case number

13342/2019

Judge

Bozalek

The court found that the revised business rescue plan failed to provide adequate certainty and protection for TNPA's interests, particularly regarding the repayment of substantial arrear rentals and future rental obligations. The plan deferred repayment of arrears for three years and made it contingent on uncertain future negotiations for a lease extension, with no security or guarantees provided. The court noted that compelling TNPA to approve a sub-lease would require it to exercise contractual rights in a manner directed by the court, which has far-reaching implications. The applicants' as…

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• Business Rescue
• Companies Act Section 153
• Creditor Rights
• Lease Agreements
• Liquidation Dividend

Cox NO and Others v Scania Finance Southern Africa (Pty) Ltd; Scania Finance Southern Africa (Pty) Ltd v Cox NO and Another (17481/2013; 34264/2014)

Cox NO and Others v Scania Finance Southern Africa (Pty) Ltd; Scania Finance Southern Africa (Pty) Ltd v Cox NO and Another (17481/2013; 34264/2014) [2018] ZAGPJHC 484 (7 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

17481/2013; 34264/2014

Judge

Unterhalter

The Trust is not entitled to restitution of license fees paid under the January agreements because those payments were credited to the Trust under the April agreements, conferring a benefit and precluding double recovery. The April agreements do not fall within the definition of a credit agreement under the National Credit Act, as ownership of the vehicles does not pass to the Trust either absolutely or upon satisfaction of specific conditions; therefore, section 129 does not apply and Scania's cancellation was not unlawful. The exceptio non adimpleti contractus defence is unavailable to the…

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• Lease Agreements
• National Credit Act
• Suretyship Liability
• Restitution
• Contract Cancellation

Seralor (Pty) Ltd and Another v Compredox (Pty) Ltd and Others (8142/2017)

Seralor (Pty) Ltd and Another v Compredox (Pty) Ltd and Others (8142/2017) [2018] ZALMPPHC 44 (27 June 2018)

Court

Limpopo High Court, Polokwane

Case number

8142/2017

Judge

M V Semenya

The court found that the lease agreements between the applicants and the 3rd, 4th and 5th respondents were valid and enforceable, as the death of the lessor did not terminate the lease and the rights passed to the heirs. The Petroleum Products Amendment Act does not prohibit the applicants from leasing or subletting the premises, as their intention was not to retail petroleum but to lease the properties. The respondents' interpretation of the Act was rejected, and their conduct amounted to unlawful interference with the applicants' contractual rights. The applicants proved a clear right to th…

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• Lease Agreements
• Specific Performance
• Interdict
• Petroleum Products Amendment Act
• Succession Of Contracts

Ekurhuleni Metropolitan Municipality v Grandbridge Trading 74 (Pty) Ltd and Others (40502/2014)

Ekurhuleni Metropolitan Municipality v Grandbridge Trading 74 (Pty) Ltd and Others (40502/2014) [2017] ZAGPJHC 344 (28 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

40502/2014

Judge

P.A. Meyer

High Court interlocutory ruling compelling production of lease documents under rule 35(12), after finding the documents relevant to the main electricity dispute.

• Rule 35 Document Production
• Lease Agreements
• Electricity Charges Liability
• Municipal By Laws
• Rule-35-document-production
• Interlocutory-application

Deez Realtors CC t/a Firzt Realty Company and Others v South African Securitisation Program (Pty) Limited and Others (175/2016)

Deez Realtors CC t/a Firzt Realty Company and Others v South African Securitisation Program (Pty) Limited and Others (175/2016) [2016] ZASCA 194 (2 December 2016)

Court

Supreme Court of Appeal

Case number

175/2016

Judges

Bosielo, Petse, Fourie, Makgoka, Nicholls

The Supreme Court of Appeal held that the amendment to the particulars of claim did not introduce a new or different debt for the purposes of prescription. Both the original and amended claims arose from the same breach of the lease agreements and were based on clause 14.1, which provided alternative remedies to the creditor. The court found that the essential character of the debt remained unchanged, and the amendment merely corrected the remedy sought. The service of summons in the original claim interrupted prescription for the debt, as contemplated by section 15(1) of the Prescription Act…

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• Extinctive Prescription
• Amendment Of Pleadings
• Lease Agreements
• Liquidated Damages
• Suretyship
• Interruption Of Prescription

Absa Technology Finance Solutions (Pty) Limited v Merry Peasant Properties and Another (A5034/2015)

Absa Technology Finance Solutions (Pty) Limited v Merry Peasant Properties and Another (A5034/2015) [2016] ZAGPJHC 240 (16 September 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5034/2015

Judges

Wepener, Weiner, Modiba

Appeal over a disputed master rental agreement failed after the court found the 60-month term was inserted after signature and not agreed to.

• Contract Formation
• Rectification Of Documents
• Lease Agreements
• Burden Of Proof
• Contract-formation
• Lease-agreement

Collett N.O and Others v DA and Another (618/2016)

Collett N.O and Others v DA and Another (618/2016) [2016] ZAECGHC 70 (8 September 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

618/2016

Judge

M.J Lowe

The court found that the First Respondent failed to establish that the lease and sale agreements he relied upon were validly authorized by the Trust. There was no evidence of proper notice to all Trustees, no validly convened meeting, no majority resolution, and no written minutes or authorization as required by the Trust Deed and relevant statutes. The purported agreements were signed without compliance with the procedural requirements, and the Trust Deed required documents to be signed by two Trustees, which was not done. The court held that the First Respondent had no right or entitlement…

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• Trust Property Control Act
• Trustee Powers And Duties
• Validity Of Trustee Resolutions
• Alienation Of Land Act
• Lease Agreements
• Restoration Of Possession