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Proc Corp 160 (Pty) Limited v Interactive Trading 626 (Pty) Limited and Another (36167/2013) [2015] ZAGPPHC 189 (16 March 2015)
The court held that the lease required restoration to the premises’ original fitted condition, not a clean shell, and awarded only proved repair damages.
Nedcor Bank Limited v Withinshaw Properties (PTY) Ltd (A591/01) [2002] ZAWCHC 29; 2002 (6) SA 236 (C) (30 May 2002)
The court held that the appellant's continued occupation of the premises after the lease expired was lawful and with the respondent's consent, solely for the purpose of reinstating the premises as required by the lease agreement. There was no evidence of a tacit relocation or implied lease agreement, as the appellant had made clear its intention not to renew the lease. The relevant case law relied upon by the magistrate was distinguishable, as those cases involved occupation without the landlord's consent after termination. The court found that the lease required restoration upon termination,…
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