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South Africa decisions
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Balwin Rental (Pty) Limited v Mathaba and Another (2020/34151) [2021] ZAGPJHC 394 (30 August 2021)
The court held that a lease was validly cancelled after a tenant failed to remedy arrears under the CPA, and granted eviction subject to a Covid-related stay.
Brick on Brick Property Investments 23 (Pty) Ltd v Chevron South Africa (Pty) Ltd (6412/2013) [2013] ZAGPPHC 400 (3 December 2013)
The court found that the assignment of the lease by the first respondent to the second respondent without the applicant's consent constituted a breach of the notarial lease agreement, as the lease expressly prohibited assignment without such consent. The assignment agreement was unconditional and not subject to a suspensive or resolutive condition. Although the lease required notice to remedy a breach before cancellation, the court held that under the circumstances—where the breach had occurred long before the applicant became aware and the respondents' stance indicated unwillingness to remed…
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