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South Africa Case Law

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Civil Procedure [2021] ZAGPPHC 427

Tshwane University of Technology v Thondoni Properties and Another (65994/2020)

Tshwane University of Technology v Thondoni Properties and Another (65994/2020) [2021] ZAGPPHC 427 (22 June 2021)

The High Court dismissed TUT’s review of an arbitral award, finding no misconduct or gross irregularity and holding that the arbitrator had considered the disputed notice.

  • Arbitration Act Review
  • Lease Agreement
  • Gross Irregularity
  • Misconduct Of Arbitrator
  • Student Accommodation
  • Summary Cancellation
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Land And Property [2010] ZAWCHC 401

Transnet Ltd v ERF 154927 Cape Town (Pty) Ltd and Others (2367/2007)

Transnet Ltd v ERF 154927 Cape Town (Pty) Ltd and Others (2367/2007) [2010] ZAWCHC 401 (17 May 2010)

The court found that Lombard's version of the oral lease agreement could not be rejected as far-fetched, palpably implausible, or clearly untenable. The evidence did not support Transnet's contention that the lease was void for vagueness due to rental escalation, as the escalation was within defined parameters and never invoked. Lorcom's failure to pay rent did not amount to repudiation, as there was no unequivocal refusal to be bound. Transnet's purported summary cancellation of the lease was invalid, as no reasonable notice was given and the agreement did not permit summary cancellation. Th…

  • Eviction
  • Oral Lease Agreement
  • Repudiation
  • Summary Cancellation
  • Dispute Of Fact
  • Motion Proceedings
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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.