Elsiesdrift Plase (Pty) Ltd v Awendgloed Boedery (Pty) Ltd (449/11)
Elsiesdrift Plase (Pty) Ltd v Awendgloed Boedery (Pty) Ltd (449/11) [2016] ZANCHC 19 (16 September 2016)
The court found that the trial judge correctly assessed the evidence and credibility of the parties, concluding that Elsiesdrift Plase repudiated the Lucerne lease contract by unilaterally refusing to proceed with the lease and instructing Awendgloed Boedery to vacate the property. The demands made by Awendgloed were not inconsistent with the signed agreements and did not amount to repudiation. The trial court's findings were supported by the objective evidence and the conduct of the parties, particularly the absence of mutual consent to terminate the contract. The appeal was dismissed as the…
Source excerpt
- Breach Of Contract
- Repudiation
- Oral And Written Agreements
- Lease Of Agricultural Land
- Damages For Breach
- Onus Of Proof