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South Africa decisions
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Transnet SOC Ltd v Kings Rest Container Park (Pty) Ltd (13410/2017) [2024] ZAKZDHC 53 (27 August 2024)
The High Court granted Transnet an eviction order after finding that the July 2014 lease had been validly cancelled and the defendant’s continued occupation was unlawful.
Dlamini and Another v Gumede and Others (13012/2022) [2024] ZAGPJHC 145 (21 February 2024)
The High Court dismissed both a stay application and an eviction application, finding the respondent had not shown a basis to stay proceedings, but the lease had not been validly terminated.
Areff NO and Others v Mohamed Kolia t/a Spinners (13661/11) [2012] ZAKZDHC 54 (26 September 2012)
The court found that the respondent's counterclaim for damages in the Magistrates' Court does not constitute a defence to the ejectment application, as it has no bearing on the applicants' right to recover possession of the property. The alleged term permitting indefinite occupation at the respondent's instance and pleasure was not supported by the evidence and, in any event, did not override the material term requiring payment of rental. The acceptance of rental payments by the applicants was on a 'without prejudice' basis and did not amount to a waiver of their right to eject the respondent…
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Lebone Mpilo Take Aways CC and Another v Maqelepo and Another (14867/2011) [2011] ZAGPJHC 169 (18 August 2011)
The High Court dismissed an application to stay eviction and granted eviction, finding no proven lease extension beyond November 2010 and only a month-to-month tenancy.
MEC for the Department of Health, Kwazulu-Natal v Shaw and Others (7396/08) [2009] ZAKZPHC 77 (14 December 2009)
The High Court dismissed an eviction application over hospital accommodation, finding the leases were not lawfully terminated and the required notice was not given.
Berlein and Another v Seiti (11237/09) [2009] ZAKZDHC 77 (2 October 2009)
The applicants, as registered owners, lawfully terminated the lease agreement by giving the respondent two months' written notice in accordance with the Extended Lease Agreement. The notice to vacate was clear and unequivocal, satisfying the requirements for termination. The respondent failed to vacate the property after expiry of the notice period and has no further right to occupy. The respondent's arguments regarding the form and content of the notice are without merit, as the law requires only clear communication of intention to terminate, not specific wording. The respondent is therefore…
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