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South Africa Case Law

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Land And Property [2015] ZAKZDHC 55

EM And EM Engineering (Pty) Limited v KwaDukuza Municipality and Others (9349/2014)

EM And EM Engineering (Pty) Limited v KwaDukuza Municipality and Others (9349/2014) [2015] ZAKZDHC 55 (26 June 2015)

Court
Kwazulu-Natal High Court, Durban
Case number
9349/2014
Judge
Van ZĂżl

The court held that municipal clearance amounts under section 118(1) must be calculated by reference to the specific erf being transferred, not the entire mother property.

  • Municipal Clearance Certificates
  • Transfer Of Subdivided Land
  • Interpretation Of Statutes
  • Rates And Taxes Liability
  • Municipal-clearance-certificates
  • Transfer-of-subdivided-land
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Commercial And Corporate [2011] ZASCA 51

Hyprop Investments Ltd and Another v Shoprite Checkers Ltd (315/10)

Hyprop Investments Ltd and Another v Shoprite Checkers Ltd (315/10) [2011] ZASCA 51 (30 March 2011)

Court
Supreme Court of Appeal
Case number
315/10
Judges
Nugent, Tshiqi, Plasket

The Supreme Court of Appeal held that a lease clause on rates increases was based on the first valuation of the completed building, not an interim valuation at lease commencement.

  • Lease Interpretation
  • Rates And Taxes Liability
  • Contractual Ambiguity
  • Pro Rata Liability
  • Lease-interpretation
  • Contractual-ambiguity
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Civil Procedure [2010] ZAKZDHC 55

Msomi v Biyela and Others (8309/2010)

Msomi v Biyela and Others (8309/2010) [2010] ZAKZDHC 55; 2011 (2) SA 311 (KZD) (5 November 2010)

Court
Kwazulu-Natal High Court, Durban
Case number
8309/2010
Judge
Cele AJ

The court confirmed a rule nisi preserving sale-proceeds pending an action, finding a prima facie right to recover municipal charges and a risk of dissipation.

  • Mareva Interdict
  • Sale In Execution
  • Rates And Taxes Liability
  • Interim Relief
  • Prima Facie Right
  • Interim-interdict
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Commercial And Corporate [2010] ZAWCHC 360

Shoprite Checkers Ltd vs Hyprop Investments Ltd and Another (A605/08)

Shoprite Checkers Ltd vs Hyprop Investments Ltd and Another (A605/08) [2010] ZAWCHC 360 (9 February 2010)

Court
Western Cape High Court, Cape Town
Case number
A605/08
Judges
Binns-Ward, Traverso, Saldanha

The High Court interpreted a lease clause on municipal rates and held that the tenant’s liability for increases was measured from the first post-completion valuation date, not lease commencement.

  • Lease Interpretation
  • Rates And Taxes Liability
  • Contractual Construction
  • Lease-interpretation
  • Contractual-construction
  • Rates-and-taxes-liability
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.