Petrol Green Filling Station CC v VKB Fuels (Pty) Ltd and Others (3794/2022) [2023] ZAFSHC 86 (22 March 2023)
Court
Free State High Court, Bloemfontein
Case number
3794/2022
Judge
Van Rhyn
The High Court removed an interdict application from the roll after finding the dispute was not ripe for hearing because fuel retailing had already stopped and licence validity issues were pending elsewhere.
Seralor (Pty) Ltd and Another v Compredox (Pty) Ltd and Others (8142/2017) [2018] ZALMPPHC 44 (27 June 2018)
Court
Limpopo High Court, Polokwane
Case number
8142/2017
Judge
M V Semenya
The court found that the lease agreements between the applicants and the 3rd, 4th and 5th respondents were valid and enforceable, as the death of the lessor did not terminate the lease and the rights passed to the heirs. The Petroleum Products Amendment Act does not prohibit the applicants from leasing or subletting the premises, as their intention was not to retail petroleum but to lease the properties. The respondents' interpretation of the Act was rejected, and their conduct amounted to unlawful interference with the applicants' contractual rights. The applicants proved a clear right to th…
The Constitutional Court held that the site licence under the Petroleum Products Amendment Act is an asset with commercial value, but its transfer is subject to statutory constraints: it may be transferred only to new lessees or new owners and cannot survive the termination of the lease. The High Court erred in finding a casus omissus and in concluding that the transfer provisions did not allow for a sale. The Supreme Court of Appeal was correct that the site licence had commercial value, but it exists only for a limited time and only for new lessees or owners. The applicant's argument was re…
