Sethaba Thaba Land Investment CC v Mnomane Investment CC and Others (16137/2021) [2023] ZAGPJHC 486 (15 May 2023)
Court
South Gauteng High Court, Johannesburg
Case number
16137/2021
Judge
ML Senyatsi
The court granted eviction of a subtenant after termination of the head lease and dismissed a bid to stay proceedings pending Petroleum Products Act arbitration.
Metcash Trading Africa v Clothing City Trading Plastics (Pty) Ltd t/a Crazy Plastics (12/28298) [2012] ZAGPJHC 216 (22 October 2012)
Court
South Gauteng High Court, Johannesburg
Case number
12/28298
Judge
F Kathree-Setiloane
The court held that the respondent's right to occupy the premises was derived exclusively from the applicant's entitlement as anchor tenant under the main lease. Clause 11 of the sub-lease, interpreted in its commercial context, clearly intended that the sub-lease would terminate when the applicant ceased trading from the leased premises, not from all its outlets nationwide. The respondent's interpretation was found to be commercially absurd and unworkable. The applicant, as sub-lessor, retained locus standi to seek ejectment of the respondent even after termination of the main lease, as the…
Dormex 115 CC v Fred Jones Cockrell t/a Boulevard Motors (18448/2007) [2008] ZAWCHC 166 (19 March 2008)
Court
Western Cape High Court, Cape Town
Case number
18448/2007
Judge
Oosthuizen
The court granted an urgent eviction after finding the main lease had expired, ending the respondent’s sub-lease and rejecting tacit relocation and related defences.