South Africa Case Law

Dawid Kruiper Municipality v Oranje Watersport CC (2231/2018)

Dawid Kruiper Municipality v Oranje Watersport CC (2231/2018) [2019] ZANCHC 54 (20 September 2019)

Court

Northern Cape High Court, Kimberley

Case number

2231/2018

Judge

Lever AJ

The court found that the applicant, as registered owner, is entitled to evict the respondent following the expiry of the lease agreement. None of the points in limine raised by the respondent were sustainable: the arbitration clause did not apply as the dispute did not arise from the lease agreement; the applicant's ownership was established by public record and Deeds Office search; the authority of the deponent was sufficiently demonstrated by council resolution and written delegation; and the purchaser did not have a direct and substantial interest requiring joinder. On the merits, the resp…

Source excerpt

• Eviction
• Lease Termination
• Right Of Possession
• Tacit Lease
• Lien And Retention

Belmont Guest House (Pty) Ltd v Gore N.O and Another (9080/2010)

Belmont Guest House (Pty) Ltd v Gore N.O and Another (9080/2010) [2011] ZAWCHC 323; 2011 (6) SA 173 (WCC) (12 August 2011)

Court

Western Cape High Court, Cape Town

Case number

9080/2010

Judges

P B Fourie, V Saldanha, M I Samela

The High Court dismissed Belmont Guest House’s appeal against eviction, finding no lawful right to possession and rejecting lis alibi pendens.

• Eviction
• Lis Alibi Pendens
• Liquidation
• Right Of Possession
• Lis-alibi-pendens
• Right-of-possession