South Africa Case Law

Brink v Dell and Another (3898/2021)

Brink v Dell and Another (3898/2021) [2022] ZAFSHC 41 (7 March 2022)

Court

Free State High Court, Bloemfontein

Case number

3898/2021

Judge

JP Daffue

The court found that there were no reasonable prospects that another court would reach a different conclusion regarding the alleged breaches of the lease. The factual disputes concerning overgrazing and the presence of Slangbos were properly resolved under the Plascon Evans principle, with the respondent's version prevailing. The evidence showed that Slangbos was present at the start of the lease and that the respondent took reasonable steps to control it. The applicant's interpretation of the lease was not supported by the facts or the contract's purpose. Furthermore, no compelling reason wa…

Source excerpt

• Notarial Lease Cancellation
• Breach Of Contract
• Motion Proceedings
• Interpretation Of Contract
• Environmental Obligations

Brink v Dell and Others (3898/2021)

Brink v Dell and Others (3898/2021) [2021] ZAFSHC 329 (12 December 2021)

Court

Free State High Court, Bloemfontein

Case number

3898/2021

Judge

Loubser

The court found that the applicant was not entitled to cancel the notarial lease agreement. The respondent provided a credible version supported by expert evidence that the alleged breaches—overgrazing and failure to control invasive species—did not occur as claimed. The respondent's rotational grazing practices and ongoing control of invasive weeds were consistent with the lease terms. The presence of sub-tenants was not a breach, as written consent had been obtained. The court applied the Plascon Evans rule, adjudicating the matter on the respondent's version due to the real dispute of fact…

Source excerpt

• Notarial Lease Cancellation
• Breach Of Lease
• Overgrazing
• Invasive Species Control

Ramodutoana Investments (Pty) Limited v City of Joburg Property Company (SOC) Limited and Another (2019/21855)

Ramodutoana Investments (Pty) Limited v City of Joburg Property Company (SOC) Limited and Another (2019/21855) [2019] ZAGPJHC 251 (23 July 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/21855

Judge

L R Adams

The High Court struck an urgent interdict application from the roll, finding the urgency was self-created because the applicant delayed after learning its lease rights were disputed.

• Urgent Interdict
• Rule 6 12
• Notarial Lease Cancellation
• Self Created Urgency
• Urgent-interdict
• Self-created-urgency