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South Africa Case Law

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Land And Property [2021] ZAMPMBHC 62

Greyvenstein and Others v Mbombela Golf Club (322/2021)

Greyvenstein and Others v Mbombela Golf Club (322/2021) [2021] ZAMPMBHC 62 (14 December 2021)

The Court found that Greyvenstein was in breach of the lease agreement at the time he purported to exercise the right of renewal, as evidenced by affidavits detailing poor service, inadequate stock, and persistent non-payment of rent. Clause 20.6 expressly prohibits renewal while in breach. The Golf Club was entitled to consider Greyvenstein's entire track record, not just isolated incidents, in determining whether he was the preferred tenant. The Club lawfully invoked clause 26.2, requiring valuation of the business by an independent auditor and payment prior to eviction. The sale of the Pro…

  • Lease Renewal
  • Breach Of Contract
  • Preferred Tenant Clause
  • Sale Of Business
  • Eviction
  • Contractual Interpretation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.