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South Africa Case Law

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Land And Property [2016] ZASCA 140

eThekwini Municipality v Breakers Share Block Limited (42/2016)

eThekwini Municipality v Breakers Share Block Limited (42/2016) [2016] ZASCA 140 (29 September 2016)

Court
Supreme Court of Appeal
Case number
42/2016
Judges
Mpati, Shongwe, Swain, Mocumie, Potterill

The Supreme Court of Appeal held that lease rent had to be calculated using the Scheme’s clear definition of floor area, not by excluding public areas. The appeal succeeded.

  • Lease Agreement Interpretation
  • Rental Calculation
  • Town Planning Scheme
  • Contractual Construction
  • Lease-agreement-interpretation
  • 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.

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