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South Africa decisions
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JC Impellers Proprietary Limited v Erven 1[...] Wadeville Proprietary Limited (2024-107540) [2024] ZAGPJHC 1025 (2 October 2024)
Urgent spoliation relief granted after a landlord cut electricity to leased premises used by a foundry. The court held the disconnection was unlawful self-help.
Lau v Real Tine Investments 165 CC (50134/2019) [2019] ZAGPPHC 313 (23 July 2019)
The High Court granted urgent spoliation relief after a landlord disconnected electricity and changed the locks, restoring access and power to a tenant’s internet cafe.
Cholla (Pty) Limited formerly Dukathole Steenkamp CC t/a Dukathole Brickworks v Between Us Trading Enterprise and Another (265/2018) [2018] ZAECGHC 46 (29 May 2018)
The court found that the applicant was entitled to confirmation of the interim interdict restoring electricity supply, as the second respondent had unlawfully disconnected the electricity and prevented access to the transformer. The order could not be made against the deregistered first respondent, as it no longer existed. The late payment of the R30,000 deposit was not a resolutive condition and did not cause the rule nisi to lapse. The deponent to the founding affidavit was authorized to launch the application, as evidenced by her role and subsequent resolution. The State did not have a dir…
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City of Tshwane v Van Der Merwe (64082/13) [2016] ZAGPPHC 597 (12 July 2016)
The High Court granted condonation for the respondent’s late answering affidavit, despite an inadequate delay explanation, and ordered costs against the respondent.
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