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Davids and Others v Louw and Others (A525/2015, 4832/2014) [2016] ZAWCHC 140 (27 October 2016)
The Full Bench held that section 21(2) of the MLRA did not make statutory approval a suspensive condition for sale of the CC interest, and dismissed the cancellation claim.
Chang on Behalf of the King William’s Town Property Trust v Coral Blue Trading NO.3 CC (6158/2007) [2008] ZAECHC 26 (10 March 2008)
The court held that the installation of a geyser did not constitute an alteration or addition as intended by clause 8 of the lease agreements, as it was not a permanent change and was functionally related to the business purpose of the premises. Even assuming breaches of clauses 9 and 11 regarding contravention of laws and fire insurance, these breaches were not sufficiently serious to justify cancellation of the leases. The extraordinary remedy of cancellation requires a material breach that goes to the root of the contract, which was not present in this case. Furthermore, the applicant fail…
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