Dawid Kruiper Municipality v Oranje Watersport CC (2231/2018)
Dawid Kruiper Municipality v Oranje Watersport CC (2231/2018) [2019] ZANCHC 54 (20 September 2019)
The court found that the applicant, as registered owner, is entitled to evict the respondent following the expiry of the lease agreement. None of the points in limine raised by the respondent were sustainable: the arbitration clause did not apply as the dispute did not arise from the lease agreement; the applicant's ownership was established by public record and Deeds Office search; the authority of the deponent was sufficiently demonstrated by council resolution and written delegation; and the purchaser did not have a direct and substantial interest requiring joinder. On the merits, the resp…
Source excerpt
- Eviction
- Lease Termination
- Right Of Possession
- Tacit Lease
- Lien And Retention