Hamman and Another v Kotze (21616/2015)
Hamman and Another v Kotze (21616/2015) [2016] ZAWCHC 46 (22 April 2016)
The respondent's occupation of unit 4 is unlawful as there was no valid sub-lease agreement between him and the first applicant. The lease agreement between the first and second applicant expressly prohibited sub-letting without written consent, which was neither requested nor granted. The respondent's version regarding the existence of a sub-lease was inconsistent, fabricated, and contradicted by independent evidence. The respondent failed to plead estoppel with the required precision and did not establish the necessary elements. The factual disputes raised by the respondent were not genuine…
Source excerpt
- Eviction
- Sub Letting
- Lease Agreement
- Estoppel
- Factual Dispute Resolution