South Africa Case Law

Liberty Group Limited and Another v A & O Imports and Exports (PTY) Ltd and Others (2021/4380)

Liberty Group Limited and Another v A & O Imports and Exports (PTY) Ltd and Others (2021/4380) [2022] ZAGPJHC 687 (14 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/4380

Judge

Strydom

The court found that the respondents failed to raise a bona fide defence to the summary judgment application. The denial of the validity of the written lease agreement was speculative, unsupported by evidence, and contradicted previous admissions. The alleged oral or tacit lease agreement was vague, lacked documentary support, and was legally unsustainable due to the non-variation clause. The suretyships executed by the second and third respondents were enforceable as the written lease agreement regulated the parties' relationship. The respondents were found liable for arrear rental and eject…

Source excerpt

• Summary Judgment
• Lease Agreement
• Suretyship Enforcement
• Oral Variation
• Holding Over Damages

Northern Centre Shareblock (Pty) Ltd and Another v Dancing Beauty and Hair (Pty) Ltd (19633/2021)

Northern Centre Shareblock (Pty) Ltd and Another v Dancing Beauty and Hair (Pty) Ltd (19633/2021) [2021] ZAGPJHC 796 (9 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

19633/2021

Judge

Q Leech

The High Court granted eviction after finding the respondent in unlawful occupation following lease termination, rejecting oral lease and Covid-19 force majeure defences.

• Eviction
• Lease Termination
• Force Majeure
• Arrear Rental
• Oral Variation
• Remission Of Rent

Broadbrush Investments 21 (Pty) Ltd and Another v Papdimos Constandinos and Another (44987/2014)

Broadbrush Investments 21 (Pty) Ltd and Another v Papdimos Constandinos and Another (44987/2014) [2017] ZAGPJHC 361 (4 December 2017)

Court

South Gauteng High Court, Johannesburg

Case number

44987/2014

Judge

S C Mia

The court granted eviction, holding the respondents’ occupation was limited to the duration of the existing Jay lease and ended when that lease was terminated.

• Eviction
• Lease Interpretation
• Oral Variation
• Unlawful Occupation
• Lease-interpretation
• Oral-variation

Rham Equipment v Samancor Ltd (26820/04)

Rham Equipment v Samancor Ltd (26820/04) [2015] ZAGPJHC 332 (12 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

26820/04

Judge

M Victor

The High Court held the parties’ arrangement was an indivisible maintenance contract, found the plaintiff repudiated by withdrawing the equipment, and dismissed the claim.

• Contract Interpretation
• Repudiation
• Maintenance Agreement
• Damages
• Oral Variation
• Onus Of Proof

Indusit Beleggings CC v Tilico Clothing (Pty) Ltd and Others (9666/2014)

Indusit Beleggings CC v Tilico Clothing (Pty) Ltd and Others (9666/2014) [2014] ZAGPPHC 599 (8 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

9666/2014

Judge

N.P. Mngqibisa-Thusi

The court found that the applicant and third respondent concluded a written lease agreement, which expressly required any variation to be in writing. The respondents' claim of an oral variation substituting the first respondent as lessee was rejected, as there was no written amendment. The applicant had given valid notice of cancellation due to rental default, and the respondents failed to raise a genuine dispute of fact. The respondents' occupation was therefore unlawful, and the applicant was entitled to an eviction order. The business rescue status of the first respondent did not preclude…

Source excerpt

• Eviction
• Lease Agreement
• Business Rescue
• Oral Variation
• Unlawful Occupation

Port Elizabeth Inner City Housing (Pty) Ltd v Nieman (2575/2008)

Port Elizabeth Inner City Housing (Pty) Ltd v Nieman (2575/2008) [2009] ZAECHC 17 (26 February 2009)

Court

High Courts - Eastern Cape

Case number

2575/2008

Judge

Jones

Summary judgment was granted after the court held the defendant had not shown a bona fide defence to a loan claim and counterclaim.

• Summary Judgment
• Loan Agreement
• Oral Variation
• Bona Fide Defence
• Counterclaim
• Summary-judgment

Nkengana and Another v Van der Walt Schnetler and Another (CA393/07)

Nkengana and Another v Van der Walt Schnetler and Another (CA393/07) [2008] ZAECHC 160 (19 September 2008)

Court

High Courts - Eastern Cape

Case number

CA393/07

Judges

Jansen, Sandi, Revelas

The High Court dismissed an appeal over a land sale dispute, holding the appellants had not paid under the written agreement and were not entitled to transfer.

• Agreement Of Sale
• Alienation Of Land Act
• Oral Variation
• Mora Ex Re
• Occupational Rent
• Agreement-of-sale

Kotze v Shepherd

Kotze v Shepherd [2007] ZAGPHC 376; 26476/06 (15 February 2007)

Court

High Courts - Gauteng

Case number

26476/06

Judge

Willis

The High Court enforced a written settlement agreement, rejecting an alleged oral variation and holding that a missing annexure did not defeat the clear payment terms.

• Settlement Agreement
• Non Variation Clause
• Specific Performance
• Oral Variation
• Payment Of Debt
• Settlement-agreement

ABSA Ltd NO v Yarram Trading CC t/a Tijuana Spur

ABSA Ltd NO v Yarram Trading CC t/a Tijuana Spur [2005] ZAGPHC 376; 65/05/01 (19 September 2005)

Court

High Courts - Gauteng

Case number

7865/05

Judge

Willis

The High Court granted an eviction order against a tenant restaurant that was in occupation but not paying rent, despite a dispute over an alleged oral lease variation.

• Eviction
• Lease Agreement
• Oral Variation
• Non Variation Clause
• Lease-agreements
• Non-variation-clause