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South Africa Case Law

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Commercial And Corporate [2020] ZAGPPHC 487

Nondabula trading as Umzimkhulu Garage v Shell Downstream South Africa (Pty) Ltd (63998/18)

Nondabula trading as Umzimkhulu Garage v Shell Downstream South Africa (Pty) Ltd (63998/18) [2020] ZAGPPHC 487 (15 July 2020)

The court held that Shell’s refusal to supply fuel repudiated the notarial lease and servitude, allowing Nondabula to cancel the agreements and obtain Shell’s eviction.

  • Notarial Lease
  • Servitude Cancellation
  • Franchise Agreement
  • Repudiation
  • Eviction
  • Mortgage Bond Expungement
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Land And Property [2014] ZASCA 94

Eskom Holdings Soc Ltd v Norton and Another (464/13)

Eskom Holdings Soc Ltd v Norton and Another (464/13) [2014] ZASCA 94 (26 June 2014)

The Supreme Court of Appeal held that Eskom could not rely on a transfer clause to avoid cancellation of a servitude where it knew the new owner and failed to pay rental.

  • Servitude Cancellation
  • Interpretation Of Deed
  • Notice Requirements
  • Change Of Ownership
  • Servitude-cancellation
  • Deed-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.