South Africa Case Law

Pinzon Traders (Pty) Ltd and Another v Clublink Pty Ltd and Others (752/2022)

Pinzon Traders (Pty) Ltd and Another v Clublink Pty Ltd and Others (752/2022) [2022] ZAECMKHC 12 (17 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

752/2022

Judge

Ronaasen

The court found that the applicants established a prima facie right under the 2009 agreement, which prohibits the respondents from permitting the development of a supermarket on the property while the first applicant remains a tenant. The evidence showed that the proposed Clicks Store would sell foods and household goods, meeting the definition of a supermarket in the agreement. The urgency was justified due to the imminent occupation and risk of irreparable harm. The building plans had not been validly approved by the local authority, and the construction was proceeding unlawfully and in non…

Source excerpt

• Specific Performance
• Interim Interdict
• Lease Agreement
• Building Regulations
• Competition Law Defence
• Parking Requirements

Van der Merwe v Coertzen and Others (22623/16)

Van der Merwe v Coertzen and Others (22623/16) [2017] ZAGPPHC 1219 (8 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

22623/16

Judge

JFD Brand

The High Court dismissed an application for a final interdict, holding that the applicant’s home tutoring exceeded the town-planning scheme and parking limits.

• Town Planning Scheme Interpretation
• Final Interdict Requirements
• Home Business Regulation
• Parking Requirements
• Nuisance
• Final-interdict