Imperial Bank v Lanseria International Airport (Pty) Ltd (A154/2014)
Imperial Bank v Lanseria International Airport (Pty) Ltd (A154/2014) [2016] ZAGPPHC 119; [2016] 2 All SA 812 (GP) (30 March 2016)
The Full Court found that the respondent had locus standi to cancel the lease and seek eviction of the appellant. The evidence established, on a balance of probabilities, that a tacit cession of the lease agreement occurred between Southern and the respondent, and that all parties acted for over a decade on the basis that the respondent was the sub-lessor. The Avfin lease, although not listed in the annexure to the head-lease, was treated by all parties as subject to cession and the respondent was recognised as entitled to enforce its terms. The purported suspensive condition in the head-leas…
Source excerpt
- Tacit Cession
- Privity Of Contract
- Locus Standi
- Lease Cancellation
- Attorney And Client Costs
- Sale And Leaseback