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South Africa decisions
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Wohlkinger and Others v Schoonbee and Others (2022/23317) [2024] ZAGPJHC 297 (26 February 2024)
The High Court dismissed leave to appeal against an eviction order, finding no reasonable prospect of success and no valid defence based on an unregistered long lease.
University of Johannesburg v Auckland Park Theological Seminary (Pty) Ltd and Others (39717/2012) [2017] ZAGPJHC 382 (10 March 2017)
The court held that a notarial long-term lease was personal to the University of Johannesburg’s theological tenant and could not be ceded to a third party.
De Villiers v Elspiek Boerdery (Pty) Ltd and Another (1196/2015) [2017] ZASCA 4 (9 March 2017)
The Supreme Court of Appeal found that the agent was duly authorised by the appellant to execute the lease, as the power of attorney was clear, attached the draft lease, and was initialled by the appellant. The subsequent conduct of the appellant confirmed his authority and intention. The lease was for the entire property, and the right reserved to the appellant to reside in the house was a limited restriction that did not amount to a lease of only a portion of agricultural land. The statutory prohibitions in s 3(d) and s 3(e)(ii) of the Subdivision of Agricultural Land Act did not apply, as…
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Ditsong Museums of South Africa v Fundi Projects (Pty) Ltd and Others (76939/2013) [2014] ZAGPPHC 914 (5 November 2014)
The court postponed an eviction dispute for oral evidence, finding factual disputes over ownership, lease validity, and cancellation could not be resolved on affidavit.
Pieterse and Another v Hartswater Hotels (Pty) Ltd and Another (1322/2012) [2013] ZANCHC 45 (13 December 2013)
The court found that the grounds for leave to appeal were a repetition of arguments already considered and rejected in the main judgment. There were no reasonable prospects of success on appeal. The applicants failed to demonstrate that the respondent was not entitled to apply for removal of restrictive conditions, as the Act permits any person with a real right to the property to do so. The argument regarding waiver was not persuasive, as delay in enforcing rights may constitute waiver. The rectification application was properly postponed pending the outcome of the removal application, as th…
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Letaba Sawmills (Edms) Bpk. v Majovi (Edms) Bpk. (225/1991) [1992] ZASCA 195; 1993 (1) SA 768 (AD); [1993] 1 All SA 359 (A) (19 November 1992)
The court held that a lease renewal option with negotiation and arbitration over rental was sufficiently certain, but the valid option rendered the lease invalid under the land-subdivision statute.
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