South Africa Case Law

Executive Mobility Financial Solutions (Pty) Ltd v Phadima Phadima Group Holdings (Pty) Ltd and Another (2023-133096)

Executive Mobility Financial Solutions (Pty) Ltd v Phadima Phadima Group Holdings (Pty) Ltd and Another (2023-133096) [2024] ZAGPJHC 314 (22 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-133096

Judge

R Strydom

The High Court held that the rental agreement was validly terminated after repeated breach notices, and ordered return of the vehicle and costs.

• Rental Agreement Termination
• Contractual Breach
• Repossession Of Property
• Notice To Remedy Breach
• Costs Order
• Contractual-breach

Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023)

Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023) [2023] ZAGPJHC 563 (25 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

8494/2023

Judge

L R Adams

The High Court dismissed a commercial eviction application because the landlord’s lease cancellation was premature and therefore invalid.

• Commercial Lease
• Eviction
• Breach Of Contract
• Notice To Remedy Breach
• Commercial-lease
• Breach-of-contract

A.S and Another v J.C and Others (A63/2017)

A.S and Another v J.C and Others (A63/2017) [2019] ZAWCHC 71; [2019] 3 All SA 425 (WCC) (19 June 2019)

Court

Western Cape High Court, Cape Town

Case number

A63/2017

Judges

J I Cloete, M K Parker

The court found that the lessor did not lawfully cancel the lease on 3 October 2017. The demand conflated rental and electricity charges, requiring compliance with the notice provisions for breaches other than rental, which was not done. The lessor historically accepted late payments without protest, creating a reasonable belief that strict performance would not be suddenly enforced. The presence of a non-waiver clause did not entitle the lessor to ambush the lessee by enforcing strict compliance without warning. In the specific circumstances, including the risk of homelessness for vulnerable…

Source excerpt

• Prevention Of Illegal Eviction Act
• Lease Cancellation
• Public Policy In Contract
• Constitutional Values In Contract
• Good Faith In Contractual Performance
• Notice To Remedy Breach