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South Africa Case Law

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Civil Procedure [2021] ZAGPJHC 106

Charisma Properties (Pty) Limited v Woodstar & Co (Pty) Limited (41129/2019)

Charisma Properties (Pty) Limited v Woodstar & Co (Pty) Limited (41129/2019) [2021] ZAGPJHC 106 (29 July 2021)

The High Court refused summary judgment after finding a bona fide factual dispute over who was the true lessee of the premises.

  • Summary Judgment
  • Monthly Tenancy
  • Mistaken Identity
  • Leave To Defend
  • Summary-judgment
  • Lease-disputes
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Land And Property [2014] ZAGPJHC 253

J G rabin Port Elizabeth Props (Pty) Ltd and Others v Browns And Weirs Cash And Carry (Pty) Ltd (47172/13)

J G rabin Port Elizabeth Props (Pty) Ltd and Others v Browns And Weirs Cash And Carry (Pty) Ltd (47172/13) [2014] ZAGPJHC 253 (27 August 2014)

The High Court held that the tenant did not validly exercise a lease renewal option, remained on a monthly tenancy, and had to vacate.

  • Lease Renewal
  • Monthly Tenancy
  • Termination Of Tenancy
  • Waiver Of Rights
  • Lease-renewal
  • Monthly-tenancy
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Land And Property [2011] ZAGPJHC 63

Marble Gold 156 (Pty) Ltd v Seven Days Trading 13 (Pty) Ltd (48640/2010)

Marble Gold 156 (Pty) Ltd v Seven Days Trading 13 (Pty) Ltd (48640/2010) [2011] ZAGPJHC 63 (22 February 2011)

The court granted eviction where a lease renewal option required agreement on rental, but no new rental was reached after the original term expired.

  • Eviction
  • Lease Renewal
  • Option To Renew
  • Monthly Tenancy
  • Failure To Agree Rental
  • Lease-renewal
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Land And Property [2010] ZAKZDHC 51

Gaap Point of Sale (Pty) Ltd v Valjee NO and Others

Gaap Point of Sale (Pty) Ltd v Valjee NO and Others [2010] ZAKZDHC 51; 2011 (6) SA 601 (KZD) (1 November 2010)

Court held no lease agreement was concluded after the applicant’s amended draft operated as a counter-offer and was rejected; declaratory relief was dismissed.

  • Lease Agreement
  • Monthly Tenancy
  • Declaratory Relief
  • Counter Offer
  • Contract Formation
  • Lease-agreement
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Land And Property [2009] ZAWCHC 116

Roos NO and Others v Rostberg (Pty) Limited (21108/2008)

Roos NO and Others v Rostberg (Pty) Limited (21108/2008) [2009] ZAWCHC 116 (12 February 2009)

The court held that the respondent’s occupation rights came from an expired lease and continued only on a monthly basis. Claims based on a sale and rezoning consent were rejected.

  • Lease Agreement
  • Rights Of Occupation
  • Monthly Tenancy
  • Contract Of Sale Invalidity
  • Subdivision And Rezoning
  • Lease-agreements
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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.