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Sandlundlu (Pty) Ltd v Shapsone and Wylie Inc. (8965/05) [2009] ZAKZDHC 44 (15 October 2009)
An attorney was found liable for failing to amend a lease as instructed, causing the client rental losses, arbitration costs, and related damages.
B P Southern Africa (Pty) Ltd v Twoline Trading 87 (Pty) Ltd t/a Sheffield service Station (14140/02) [2002] ZAGPHC 24 (30 August 2002)
The court found that the wording of clause 27.1 in the principal lease agreement was not obviously erroneous and that there were material disputes of fact regarding the parties' intention. Rectification could not be granted in motion proceedings where such disputes exist, and the respondent's cancellation of the lease was valid under the clause as drafted. Regarding the servitudal clause, the court held that although it was registered and constituted a real right, its effect was to restrain the respondent from trading and would render it economically inactive, which was unconscionable and con…
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