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South Africa Case Law

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Land And Property [2020] ZASCA 24

Auckland Park Theological Seminary v University of Johannesburg (1160/2018)

Auckland Park Theological Seminary v University of Johannesburg (1160/2018) [2020] ZASCA 24; [2020] HIPR 110 (SCA) (25 March 2020)

The Supreme Court of Appeal held that the lease rights were not personal to the lessee and could be ceded. Oral evidence could not vary the written lease.

  • Notarial Long Lease
  • Delectus Personae
  • Cession Of Rights
  • Parol Evidence Rule
  • Contract Interpretation
  • Parol-evidence-rule
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Land And Property [2018] ZAGPJHC 490

Auckland Park Theological Seminary and Another v University of Johannesburg (A5017/17)

Auckland Park Theological Seminary and Another v University of Johannesburg (A5017/17) [2018] ZAGPJHC 490 (4 July 2018)

The High Court dismissed an appeal over a notarial lease cession, holding the lease was personal to the Seminary and the cession to Wamjay repudiated it.

  • Notarial Long Lease
  • Cession Of Rights
  • Delectus Personae
  • Repudiation
  • Ministerial Consent
  • Eviction
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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.