MEC For Education: Mpumalanga Province v New Horizon Capital (Pty) Ltd and Another (76883/13)
MEC For Education: Mpumalanga Province v New Horizon Capital (Pty) Ltd and Another (76883/13) [2014] ZAGPPHC 223 (14 March 2014)
The court found that a valid lease agreement existed between the applicant and the previous owner, Ecencico, and that the first respondent, as successor in title, was bound by this agreement under section 14 of the South African Schools Act and the common law principle 'huur gaat voor koop'. The respondent's argument regarding the lack of title deed endorsement was dismissed, as registration was not required by law. Although the applicant failed to pay the rental to the correct party, the respondent was not entitled to take the law into its own hands by denying access to the school and taking…
Source excerpt
- Lease Agreement Enforcement
- Huur Gaat Voor Koop
- Section 14 Schools Act
- Constitutional Right To Education
- Interdict
- Payment Of Rental