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South Africa Case Law

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Land And Property [2020] ZAFSHC 222

De Hart v Kelsey NO and Others (3921/2016)

De Hart v Kelsey NO and Others (3921/2016) [2020] ZAFSHC 222 (9 October 2020)

Leave to appeal was dismissed because the applicant failed to show reasonable prospects of success on the oral agreement, damages, or trustee-duty findings.

  • Leave To Appeal
  • Market Rental Value
  • Oral Agreement
  • Fideicommissum
  • Trustee Duties
  • Ejectment
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Land And Property [2020] ZAFSHC 2

Kelsey NO and Another v de Hart (3921/2016)

Kelsey NO and Another v de Hart (3921/2016) [2020] ZAFSHC 2; [2020] 1 All SA 808 (FB) (23 January 2020)

The court held that no binding oral lease variation was proved, ordered market-rental damages for holding over, and dismissed the defendant’s counterclaim.

  • Lease Agreement
  • Holding Over
  • Market Rental Value
  • Trust Law
  • Fiduciary Duties
  • Holdover-tenancy
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.