South Africa Case Law

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024)

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024) [2025] ZANWHC 130 (1 August 2025)

Court

North West High Court, Mafikeng

Case number

6286/2024

Judge

LM Morgan

The application failed because the applicant did not plead or prove which clauses of the lease agreement were breached, nor did he set out the necessary facts substantiating his claims. The founding affidavit was vague and deficient, lacking the material facts required to sustain the cause of action. The applicant attempted to supplement his case through replying affidavits and heads of argument, which is impermissible. Relief against respondents who were not properly served or were not parties to the lease agreement was not competent. The applicant's conduct suggested an ulterior motive for…

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• Lease Cancellation
• Eviction
• Founding Affidavit Requirements
• Contractual Breach
• Specific Performance
• Sanctity Of Contracts

Kerja (Pty) Ltd v Milga Properties (Pty) Ltd (Leave to Appeal) (2024-049477)

Kerja (Pty) Ltd v Milga Properties (Pty) Ltd (Leave to Appeal) (2024-049477) [2025] ZAGPPHC 478 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-049477

Judge

Maier-Frawley

The High Court dismissed Kerja’s application for leave to appeal against an eviction order, finding no reasonable prospects of success.

• Eviction
• Lease Cancellation
• Leave To Appeal
• Joinder
• Consumer Protection Act
• Integration Rule

Milga Properties (Pty) Ltd v Kerja (Pty) Ltd (04947/2024)

Milga Properties (Pty) Ltd v Kerja (Pty) Ltd (04947/2024) [2025] ZAGPPHC 340 (25 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

04947/2024

Judge

Maier-Frawley

The court granted eviction, holding that the respondent’s breach of the lease and settlement agreement defeated any right to exercise the purchase option.

• Eviction
• Lease Cancellation
• Pre Emptive Right
• Option To Purchase
• Settlement Agreement
• Non Variation Clause

Carrim N.O and Others v BP Southern Africa Proprietary Limited and Another (2023-098436)

Carrim N.O and Others v BP Southern Africa Proprietary Limited and Another (2023-098436) [2025] ZAGPPHC 42 (20 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-098436

Judge

E van der Schyff

The High Court dismissed an application to set aside an alleged business disposal under section 341(2) of the Companies Act, finding no disposal by the company itself.

• Companies Act 1973 Section 341 2
• Liquidation
• Void Disposition
• Lease Cancellation
• Franchise Agreement
• Creditor Preference

Infusion Social Club Camps Bay (Pty) Limited v Camps Bay Investment Trust (Pty) Limited and Another (20608/2024)

Infusion Social Club Camps Bay (Pty) Limited v Camps Bay Investment Trust (Pty) Limited and Another (20608/2024) [2024] ZAWCHC 288 (30 September 2024)

Court

Western Cape High Court, Cape Town

Case number

20608/2024

Judge

Gordon-Turner

The court found that the respondent's execution of the eviction order was unlawful in the circumstances, as it was calculated to frustrate the applicant's right to petition for leave to appeal to the Supreme Court of Appeal. The eviction order had provided a reasonable period for the applicant to exercise its appeal rights, and the refusal of leave to appeal did not authorise immediate ejectment. The respondent's conduct was designed to create a fait accompli and undermine the protections afforded by section 18(1) of the Superior Courts Act. The applicant established a well-grounded apprehens…

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• Stay Of Execution
• Eviction Order
• Interim Interdict
• Section 18 Superior Courts Act
• Lease Cancellation

Kaprivi Investment Corridor CC v Msibi and Others (2022/027250)

Kaprivi Investment Corridor CC v Msibi and Others (2022/027250) [2024] ZAGPJHC 563 (13 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/027250

Judge

Maenetje AJ

The applicant is confirmed as the person in charge of the property under the PIE Act, having entered into lease agreements with the respondents and exercised legal authority over occupation. The cancellation of the lease agreements is valid, as the respondents breached their obligations and failed to remedy after notice. However, the applicant failed to provide the necessary facts regarding the personal circumstances of the occupiers, alternative accommodation, and other statutory factors required by the PIE Act for eviction. The court cannot grant an eviction order without conducting the man…

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• Eviction Under Pie Act
• Lease Cancellation
• Locus Standi
• Just And Equitable Eviction

Changing Tides 91 (Pty) Ltd and Others v Azam & Friends (Pty) Ltd t/a Urban Roti (1194/2024)

Changing Tides 91 (Pty) Ltd and Others v Azam & Friends (Pty) Ltd t/a Urban Roti (1194/2024) [2024] ZAECQBHC 31 (24 April 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1194/2024

Judge

Gqamana

The High Court struck an urgent eviction application from the roll, finding the applicants failed to establish genuine urgency or justify the truncated timeframes.

• Urgent Application
• Eviction
• Lease Cancellation
• Commercial Lease
• Abridgment Of Time
• Costs Order

Onghan Investments NO .15(Pty) Ltd v M.S. Banderker (A10/2024)

Onghan Investments NO .15(Pty) Ltd v M.S. Banderker (A10/2024) [2024] ZAWCHC 94 (27 March 2024)

Court

Western Cape High Court, Cape Town

Case number

A10/2024

Judges

Wille, Thulare

The High Court upheld an appeal and granted judgment under Rule 27(9) after finding that a breached undertaking, already made an order of court, entitled the applicant to relief.

• Magistrates Court Rules
• Settlement Agreements
• Issue Estoppel
• Arrear Rental
• Lease Cancellation
• Magistrates-court-rules

Azam and Friends (Pty) Ltd v Boardwalk Mall Consortium (423/2024)

Azam and Friends (Pty) Ltd v Boardwalk Mall Consortium (423/2024) [2024] ZAECQBHC 13 (15 February 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

423/2024

Judge

N G Beshe

The High Court found the urgent application justified, granted a rule nisi, and ordered interim relief while the lease dispute and possible eviction are litigated.

• Lease Cancellation
• Urgent Interdict
• Repudiation Of Contract
• Public Policy Clauses
• Debate Of Account
• Urgent-interdict

Magaiza and Another v Manzana and Others (2022-18440)

Magaiza and Another v Manzana and Others (2022-18440) [2023] ZAGPJHC 1239 (16 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-18440

Judge

GC Wright

The High Court granted an eviction under section 4(6) of PIE after lease cancellation for non-payment of rent, rejecting standing, joinder, and homelessness arguments.

• Eviction
• Prevention Of Illegal Eviction Act
• Lease Cancellation
• Standing
• Joinder Of Parties
• Pie-act