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South Africa decisions
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Business Venture Investments (Pty) Ltd v Menlyn Moz (Pty) Ltd (018914/2023) [2024] ZAGPPHC 8 (15 January 2024)
Summary judgment was granted for unpaid commercial rent, with the court rejecting a claimed tacit waiver or reduced-rent variation and upholding eviction and costs.
Mafoko and Another v VBS Mutual Bank (In Liquidation) (2021/34634) [2023] ZAGPJHC 536 (29 May 2023)
The High Court granted leave to appeal in a suretyship dispute, finding no reasonable prospect of success was shown but identifying compelling issues for appeal.
Liberty Group Limited and Another v A & O Imports and Exports (PTY) Ltd and Others (2021/4380) [2022] ZAGPJHC 687 (14 September 2022)
The court found that the respondents failed to raise a bona fide defence to the summary judgment application. The denial of the validity of the written lease agreement was speculative, unsupported by evidence, and contradicted previous admissions. The alleged oral or tacit lease agreement was vague, lacked documentary support, and was legally unsustainable due to the non-variation clause. The suretyships executed by the second and third respondents were enforceable as the written lease agreement regulated the parties' relationship. The respondents were found liable for arrear rental and eject…
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