Botes Auto CC v Bararage Auto Sales (CC) and Others (2778/2020)
Botes Auto CC v Bararage Auto Sales (CC) and Others (2778/2020) [2020] ZAFSHC 144 (17 August 2020)
The court found that the applicant was unlawfully deprived of possession of the business premises by the respondents, who closed the premises, handed the keys to the landlord, and excluded the applicant from access. The respondents failed to follow due process and resorted to self-help. The lease agreement had not been validly terminated, as cancellation required written notice, which was not provided. The applicant demonstrated that it was in possession and was unlawfully dispossessed. The respondents' defences were rejected as lacking substance, and the requirements for a mandament van spol…
Source excerpt
- Mandement Van Spolie
- Possession Of Immovable Property
- Self Help
- Lease Termination
- Urgent Interdict