Majola and Another v Investage 183 (Pty) Limited and Another (2023/050639) [2024] ZAGPJHC 730 (13 August 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/050639
Judge
C Todd
Application to rescind a default judgment was dismissed. The court held the applicant was properly served, the suretyship covered the lease extension, and quantum issues could be raised as a defence.
Malki t/a Casablanca Cafe v Guerra and Another; In re: Guerra and Another v Malki (6583/13) [2017] ZAGPPHC 550 (22 August 2017)
Court
North Gauteng High Court, Pretoria
Case number
6583/13
Judge
T S S Malatji
The High Court rescinded an eviction order after finding a satisfactory explanation for default and a bona fide defence based on tenant improvements and a claimed lease extension.
The Constitutional Court held that, when parties extend a lease without further stipulation, the extension generally encompasses all terms contained in the lease document, including collateral terms such as a right of pre-emption. The Court rejected the categorical common law rule that only terms incident to the lessor-tenant relationship are renewed, finding that such a rule imposes a lawyerly understanding on laypersons and is not justified. The Court further held that a right of pre-emption does not constitute an alienation of land and does not require compliance with section 2(1) of the A…
Airports Company South Africa Limited v Airport Bookshops (Pty) Ltd t/a Exclusive Books (31580/2014) [2015] ZAGPJHC 154; 2016 (1) SA 473 (GJ); [2015] 3 All SA 561 (GJ) (3 July 2015)
Court
South Gauteng High Court, Johannesburg
Case number
31580/2014
Judge
Dodson
The court found that the extension agreement between ACSA and Exclusive Books was subject to a tacit term preventing termination until completion of a lawful tender process. The lawfulness requirement was integral to the tacit term, and Exclusive Books was entitled to raise a collateral challenge to the validity of the tender process in resisting eviction. On the evidence, the tender process was unlawful due to ACSA's failure to consider relevant explanations regarding the tax clearance certificate, misinterpretation of the rental offer without affording Exclusive Books an opportunity to clar…
