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South Africa decisions
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Du Plessis v Mouton and Others (4180/2021) [2022] ZAWCHC 101 (21 February 2022)
High Court eviction matter: the lease expired, the alleged sale option was not validly exercised, and the respondents were found to be unlawful occupiers.
Richter NO and Others v Schatheuna Boerdery CC (CA&R19/2017) [2017] ZANCHC 60 (20 October 2017)
The High Court dismissed an appeal over occupational interest, alleged misrepresentation, and damages arising from a farm sale contract.
Matsepe and Another v Lungisa and Others (3466/2013) [2014] ZAECPEHC 31 (27 May 2014)
The High Court granted an eviction after finding that the sale agreement was validly cancelled for breach and the occupiers had no right to remain.
Smith v Long (2290/2007) [2009] ZAECPEHC 8 (12 February 2009)
The court held that the purchaser validly cancelled the sale of defective property and was entitled to repayment of the purchase price, plus mora interest from 15 February 2008.
Crossroads Distribution (PTY) Ltd t/a Jowells Transport v Petersen N.O. and Another (1638/2003) [2004] ZAWCHC 24 (11 October 2004)
The High Court refused leave to execute an occupational-interest order pending appeal, finding no irreparable harm and making no costs order.
FHP Managers (PTY) Ltd v Theron N.O. and Others (13608/98) [2001] ZAWCHC 1 (13 July 2001)
High Court application to execute a prior order pending appeal was refused. The court found no sufficient proof of irreparable harm and made no costs order.
Thompson v Scholtz (167/96) [1998] ZASCA 87; 1999 (1) SA 232 (SCA); [1998] 4 All SA 526 (A) (28 September 1998)
The Supreme Court of Appeal held that the exceptio non adimpleti contractus was available to the defendant, as the plaintiff had not rendered full performance by failing to vacate the farmhouse. However, the court found that the strict application of the BK Tooling formula was inappropriate for obligations of a continuing nature, such as the duty to provide occupation of property. The court adopted the analogy of remission of rent from lease law, allowing for a reduction in the occupational interest owed to the plaintiff in proportion to the defendant's diminished enjoyment of the property. T…
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