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South Africa decisions
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Parkhurst Investments CC v Pauls Homemade (Pty) Ltd (27209/2021) [2023] ZAGPJHC 767 (3 July 2023)
High Court eviction case on lease repudiation, set-off, and electricity tariff disclosure.
Powerline Communications (Pty) Ltd and Others v Power (A3004/2017) [2018] ZAGPJHC 508 (28 August 2018)
The court found that the respondent retained locus standi to seek eviction, as no cession of rights to the bank occurred due to lack of consent. The lease agreement unambiguously limited occupation to the main house and stables, confirmed by both the contract wording and contemporaneous correspondence. The appellants' interpretation was rejected as contrary to the express terms and context. The exceptio de non adimpleti contractus was not available to the appellants, both because they received the premises specified and because the lease expressly or impliedly waived the right to withhold ren…
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Edcon Limited v Bay West City (Pty) Ltd (A5029/17) [2018] ZAGPJHC 39 (6 March 2018)
The High Court held that Edcon’s lease did not require it to keep trading, so it could vacate the premises while continuing to pay rent.
Broadbrush Investments 21 (Pty) Ltd and Another v Papdimos Constandinos and Another (44987/2014) [2017] ZAGPJHC 361 (4 December 2017)
The court granted eviction, holding the respondents’ occupation was limited to the duration of the existing Jay lease and ended when that lease was terminated.
Breakers Share Block Ltd v EThekwini Municipality (9378/2013) [2015] ZAKZDHC 58 (27 July 2015)
The court held that the proper interpretation of clause 6(b) of the relevant leases, read with the Umhlanga Rocks Township Scheme No. 1, requires the calculation of rental to be based on the total floor area of the buildings constructed upon the leased property, excluding the area of all public access corridors, public stairways, and public entrances or hallways. The court found that the wording change from 'defined' to 'calculated' in the leases indicated a shift in intention, aligning with the Scheme's provisions for residential buildings. The general definition of 'floor area' in the Schem…
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Community Property Company (Pty) Ltd v E.E. Trading Enterprise CC t/a E.E. Enterprise (7680/2014) [2014] ZAGPPHC 882 (24 October 2014)
The court found that the applicant, Community Property Company (Pty) Ltd, was the lawful landlord and had locus standi to bring the eviction application. The deponent to the founding affidavit was properly authorised to depose to the affidavit, as the institution of proceedings was authorised by the applicant. The lease agreement's term was to be interpreted as per the written contract, commencing 1 June 2010 and terminating 31 May 2013, with any subsequent occupation being on a month-to-month basis that was terminated. The respondent's attempts to introduce parol evidence and attorney opinio…
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D & E Trading (Pty) Ltd v Hilton Village Centre CC and Others (1342/13) [2013] ZAKZPHC 12 (19 March 2013)
The court held that the restraint clause in the cancellation agreement does not extend to franchisees or buying partners of opposition supermarket groups, but only to actual members of such groups as understood in corporate law. The second respondent, while a franchisee of OK Franchise Division, is not a member of the Shoprite group in the sense contemplated by the restraint. The applicant provided the wording of the restraint and could have expressly included franchisees if intended. The first respondent was not aware of any franchise agreement at the time of leasing, and there is no evidenc…
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Hyprop Investments Ltd and Another v Shoprite Checkers Ltd (315/10) [2011] ZASCA 51 (30 March 2011)
The Supreme Court of Appeal held that a lease clause on rates increases was based on the first valuation of the completed building, not an interim valuation at lease commencement.
Shoprite Checkers Ltd vs Hyprop Investments Ltd and Another (A605/08) [2010] ZAWCHC 360 (9 February 2010)
The High Court interpreted a lease clause on municipal rates and held that the tenant’s liability for increases was measured from the first post-completion valuation date, not lease commencement.
Lochner v Heuwelkor Sewentien (Pty) Ltd and Others (16278/06) [2007] ZAGPHC 110 (20 June 2007)
The High Court held that the Randburg Town Planning Scheme did not require the shopping centre to provide 76 parking bays, and dismissed the applicant’s parking-based relief.
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