South Africa Case Law

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412)

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412) [2025] ZAGPJHC 531 (28 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/077412

Judge

Wijnbeek

The High Court held the respondent had no right to occupy the Houghton units, found the loan had been settled, and dismissed the conditional counterclaim.

• Sectional Title Scheme
• Declaratory Relief
• Arbitration Clause
• Loan Settlement
• Occupational Rental
• Conditional Counterclaim

Freeman and Another v Beckett and Another (17570/2022)

Freeman and Another v Beckett and Another (17570/2022) [2023] ZAGPJHC 896 (11 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

17570/2022

Judge

Adams

High Court summary judgment granted for liquidated damages arising from breach of a property sale agreement, including reduced resale price, rent, and utilities.

• Summary Judgment
• Liquidated Damages
• Breach Of Contract
• Sale Of Immovable Property
• Occupational Rental
• Contractual Liability

Midnight Feast Prop 92 (Pty) Ltd v AF Q Pharma (Pty) Ltd (52750/2021)

Midnight Feast Prop 92 (Pty) Ltd v AF Q Pharma (Pty) Ltd (52750/2021) [2023] ZAGPJHC 720 (20 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

52750/2021

Judge

RJ Moultrie

Summary judgment was granted in part for occupational rental, because the defendant’s written undertaking to pay three months was accepted.

• Summary Judgment
• Occupational Rental
• Sale Of Immovable Property
• Suspensive Conditions
• Specific Performance
• Summary-judgment

Richard Pollack (N.O) and Others v Peacock Inn (Pty) Ltd (15173/2022)

Richard Pollack (N.O) and Others v Peacock Inn (Pty) Ltd (15173/2022) [2023] ZAGPJHC 210 (9 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15173/2022

Judge

ML Senyatsi

The High Court confirmed cancellation of a commercial property sale after the purchaser failed to pay required amounts, and ordered eviction and costs.

• Cancellation Of Sale Agreement
• Eviction
• Lex Commissoria
• Occupational Rental
• Breach Of Contract
• Cancellation-of-sale-agreement

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020)

Dodson N.O. and Another v Quattro L Consortium (Pty) Ltd and Others (28472/2020) [2021] ZAGPJHC 855 (26 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28472/2020

Judge

F Bezuidenhout

The High Court granted eviction and monetary relief in a PIE matter, but stayed execution until adjusted alert level 3 ended because of COVID-19 regulations.

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Covid19 Regulations
• Occupational Rental
• Municipal Services Liability
• Pie-eviction

Pillay and Another v Bisnath and Others (6793/2010)

Pillay and Another v Bisnath and Others (6793/2010) [2011] ZAKZDHC 83 (14 December 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

6793/2010

Judge

Ploos van Amstel

The court dismissed a claim to compel transfer of immovable property after finding the claim had prescribed and no later assurances interrupted prescription.

• Prescription
• Alienation Of Land Act
• Matrimonial Property Act
• Transfer Of Immovable Property
• Interdict
• Occupational Rental

Solvista Investment (Pty) Ltd v Sasol Fibres (Pty) Ltd (AR666/2009)

Solvista Investment (Pty) Ltd v Sasol Fibres (Pty) Ltd (AR666/2009) [2011] ZAKZPHC 5 (28 February 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR666/2009

Judges

Madondo, Murugasen, Seegobin

The court held that the expression 'other outgoings' in clause 5.2 of the sale agreement must be interpreted in its ordinary and wide sense, not confined to rates, taxes, or statutory charges. The court found that the parties intended the respondent, as owner prior to transfer, to bear and pay all regular expenses necessary for the maintenance, protection, and management of the property, including security, gardening, cleaning, fire protection, and maintenance. The appellant, having paid these expenses, was entitled to indemnity from the respondent. The court rejected the narrow interpretatio…

Source excerpt

• Contract Interpretation
• Sale Of Immovable Property
• Indemnity
• Occupational Rental
• Outgoings Liability

Prefix Properties (Pty) Ltd and Others v Golden Empire Trading 49 CC and Others (10035/2009)

Prefix Properties (Pty) Ltd and Others v Golden Empire Trading 49 CC and Others (10035/2009) [2010] ZAKZPHC 78; 2011 (2) SA 334 (KZP) (6 December 2010)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10035/2009

Judge

Gorven

High Court held a land-sale agreement void for lack of ministerial consent, found no proven improvement lien, and granted restoration and related relief.

• Invalidity Of Sale Agreement
• Subdivision Of Agricultural Land Act
• Improvement Lien
• Restitution And Equitable Relief
• Cancellation Of Contract
• Occupational Rental

Narainsingh v Singh and Another (217/08)

Narainsingh v Singh and Another (217/08) [2008] ZASCA 168; [2009] 2 All SA 239 (SCA) (2 December 2008)

Court

Supreme Court of Appeal

Case number

217/08

Judges

Streicher JA, Jafta JA, Kgomo AJA

The Supreme Court of Appeal partially upheld an appeal against summary judgment, restoring relief for uncontested rental, occupational charges, rates, and ejectment claims.

• Summary Judgment
• Oral Lease Agreement
• Alienation Of Land Act
• Ejectment
• Occupational Rental
• Municipal Rates

Bischoff v Du Plessis and Another (A665/2007)

Bischoff v Du Plessis and Another (A665/2007) [2008] ZAGPHC 29 (1 February 2008)

Court

High Courts - Gauteng

Case number

A665/2007

Judges

C Botha, JNM Poswa

The High Court upheld an appeal in a dispute over occupational rental, finding no proved oral agreement on occupation date and setting aside the magistrate’s order.

• Sale Of Immovable Property
• Occupational Rental
• Parol Evidence Rule
• Non Variation Clause
• Sale-of-immovable-property
• Occupational-rental