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South Africa Case Law

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Land And Property [2024] ZAGPJHC 728

Ursela v Willy and Others (084085/2023)

Ursela v Willy and Others (084085/2023) [2024] ZAGPJHC 728 (13 August 2024)

The High Court granted eviction and arrear rental relief after finding the lease was validly cancelled for non-payment and the occupants remained unlawfully in the property.

  • Eviction
  • Arrear Rental
  • Lease Agreement
  • Consumer Protection Act
  • Month To Month Tenancy
  • Arrear-rental
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Land And Property [2018] ZAGPJHC 138

Elit (SA) (Pty) Ltd v Phekani N.O. and Others (24535/2017)

Elit (SA) (Pty) Ltd v Phekani N.O. and Others (24535/2017) [2018] ZAGPJHC 138 (2 May 2018)

Eviction granted after the court found the respondents’ occupation became unlawful and that PIE notice requirements were satisfied.

  • Prevention Of Illegal Eviction Act
  • Rei Vindicatio
  • Joinder
  • Notice Requirements
  • Month To Month Tenancy
  • Pie-act
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Land And Property [2012] ZAKZDHC 88

Tsogo Sun Kwazulu- Natal (Pty) Ltd v Centre Court Buffet (Pty) Ltd (1388/2012)

Tsogo Sun Kwazulu- Natal (Pty) Ltd v Centre Court Buffet (Pty) Ltd (1388/2012) [2012] ZAKZDHC 88 (13 November 2012)

The court found that the applicant had established ownership of the premises and that the respondent was in occupation. The respondent failed to provide credible evidence to support its denial of the cancellation of 'MD1' or to establish a right to remain under the original lease. The subsequent agreement 'MD2' created a month-to-month tenancy, which was validly terminated by written notice. The respondent's points in limine regarding urgency, lis pendens, and abuse of process were dismissed as lacking merit. The respondent's denials were found to be unsubstantiated and not bona fide, and the…

  • Eviction
  • Lease Termination
  • Month To Month Tenancy
  • Condonation Of Non Compliance
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Land And Property [2010] ZAKZDHC 49

Merebank Hotel (Pty) Ltd v Chetty (3564/2010)

Merebank Hotel (Pty) Ltd v Chetty (3564/2010) [2010] ZAKZDHC 49 (29 October 2010)

Eviction application granted after the court found no proved oral lease and held the respondent had not discharged the burden of proving a fixed-term agreement.

  • Eviction
  • Oral Lease Agreement
  • Burden Of Proof
  • Month To Month Tenancy
  • Oral-lease-agreement
  • Burden-of-proof
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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.