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Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428) [2025] ZAGPPHC 572 (2 June 2025)
The High Court dismissed a review of an arbitral taxation directive, holding the arbitrator could clarify an omitted costs scale and award High Court scale costs.
Kunkoon NO and Others v Tsholoba (Pty) Ltd and Another (2022/26671) [2025] ZAGPJHC 247 (11 March 2025)
The High Court dismissed an application for leave to appeal against partial summary judgment in a lease dispute, with costs against the defendants.
Relta 25 (Pty) Ltd v Dalinjabo Technical Services CC (25902/2021) [2024] ZAGPJHC 1142 (8 November 2024)
The plaintiff established its claim for damages by providing unchallenged evidence of the state of the premises upon the defendant's departure and the cost of repairs. The defendant's plea was a bare denial and failed to raise any substantive defence or challenge the evidence. The defendant's counterclaim for improvements failed as it did not establish the elements of unjust enrichment, and several items had prescribed. The deposit was set off against the damages awarded to the plaintiff. Costs were awarded on a party and party scale, as the claims were heard together and the lease only provi…
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Emoya Prop Med (Pty) Ltd v X-Pharm (Pty) Ltd (A129/2023) [2024] ZAFSHC 334 (21 October 2024)
The appeal succeeded because X-Pharm’s founding affidavit did not establish facts against Emoya Prop Med for spoliation or justify treating it as a co-spoliator.
Sheng Teng (Pty) Ltd v SA Bulk Commodity Trading and Storage Services (Pty) Ltd (2024/111687) [2024] ZAGPJHC 1041 (15 October 2024)
The court found that the applicant was in lawful possession of the leased property and required electricity supply for its business operations. The supply of electricity was not merely a personal right arising from contract but was incidental to the possession and use of the property. The respondent's unilateral disconnection of electricity constituted unlawful dispossession and self-help, which mandament van spolie is designed to prevent. The court distinguished Masinda and Simons on the basis that those cases involved private homes and prepaid electricity, where the right to supply was not…
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City of Johannesburg Metropolitan Municipality v Rebosis Property Fund Limited (2021/31253) [2024] ZAGPJHC 969 (25 September 2024)
The High Court granted rescission of a default judgment in a lease dispute, finding the applicant had a bona fide defence with prospects of success.
FS Mining Wash Plant (Pty) Ltd v V-Flow SA (Pty) Ltd and Another (1291/2024) [2024] ZANWHC 104; [2024] 2 All SA 849 (NWM) (12 April 2024)
The court confirmed a rule nisi restoring FS Mining’s possession and access, finding that the interdict requirements were met and that both parties retain contractual access rights.
Swanvest 11 (Pty) Ltd v Western Cape Provincal Minister of Transport and Public Works (921/2023) [2024] ZAWCHC 84 (18 March 2024)
The High Court granted condonation for late statutory notice in a lease dispute with an organ of state, finding good cause and no unreasonable prejudice.
Bodies Under Construction CC and Others v Permasolve Investments (Pty) Ltd (19457/2023) [2023] ZAWCHC 326 (20 December 2023)
The court ordered reconnection of a gym to an alternative power supply after finding the landlord unlawfully disrupted quasi-possession pending arbitration.
Muller and Others v Visagie and Others (UM286/2021) [2023] ZANWHC 218 (24 November 2023)
The court confirmed a rule nisi stopping alleged unsanctioned hunts and threats, but discharged a second rule nisi about lion skins as moot.
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