South Africa Case Law

Cez Investment (Pty) Ltd v Wynberg Auto Body (Pty) Ltd (41475/2018)

Cez Investment (Pty) Ltd v Wynberg Auto Body (Pty) Ltd (41475/2018) [2021] ZAGPJHC 499 (29 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

41475/2018

Judge

E Molahlehi

The court found that the applicant had established sufficient urgency to justify dispensing with the ordinary forms and service, as the applicant risked losing a third-party lease offer if the matter was not heard urgently. The respondent was in unlawful occupation, having failed to pay rent since March 2021, and the lease agreement had been validly cancelled. The respondent's claim to a lien for improvements did not entitle it to remain in occupation, as no sufficient grounds were provided. The court held that the applicant was entitled to an eviction order and costs on a punitive scale, gra…

Source excerpt

• Eviction Of Commercial Tenant
• Urgent Application Rule 6 12
• Oral Lease Agreement
• Arrear Rental
• Lien For Improvements

Boshoga and Another v Mmakolo and Others (82446/2016)

Boshoga and Another v Mmakolo and Others (82446/2016) [2018] ZAGPPHC 656 (7 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

82446/2016

Judge

Ranchod

High Court eviction case where registered owners succeeded against unlawful occupiers after the court rejected a claimed lien for improvements and awarded punitive costs.

• Eviction Under Pie Act
• Unlawful Occupation
• Lien For Improvements
• Unjust Enrichment
• Right Of Retention
• Eviction-under-pie-act

N N Metals v Transnet Ltd (51408/2011)

N N Metals v Transnet Ltd (51408/2011) [2015] ZAGPPHC 872 (21 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

51408/2011

Judge

P.Z. Ebersohn

The High Court dismissed Transnet’s application for leave to appeal, holding there was no reasonable prospect of success on the exceptions and lien issues.

• Leave To Appeal
• Lease Expiry
• Exceptions To Pleadings
• Condonation
• Lien For Improvements
• Leave-to-appeal