KZN Oils (Pty) Ltd v Nelta (Pty) Ltd t/a Keyway Motors (184/18P)
KZN Oils (Pty) Ltd v Nelta (Pty) Ltd t/a Keyway Motors (184/18P) [2021] ZAKZPHC 12; [2021] 2 All SA 478 (KZP) (12 February 2021)
The applicant is the lawful owner of the premises and the respondent's right of occupation terminated by effluxion of time. The respondent failed to establish any binding assurance or agreement entitling it to continued occupation. The referral to arbitration under section 12B of the Petroleum Products Act does not automatically stay eviction proceedings nor oust the jurisdiction of the High Court; the respondent was required to apply for a stay under section 6 of the Arbitration Act, which was not done. The arbitrator's powers are limited to correcting unfair or unreasonable contractual prac…
Source excerpt
- Eviction
- Termination Of Franchise Agreement
- Stay Of Proceedings
- Arbitration Under Petroleum Products Act
- Unfair Contractual Practice
- Constitutional Rights In Contract