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South Africa decisions
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Dlamini and Another v Gumede and Others (13012/2022) [2024] ZAGPJHC 145 (21 February 2024)
The High Court dismissed both a stay application and an eviction application, finding the respondent had not shown a basis to stay proceedings, but the lease had not been validly terminated.
MEC, Department of Public Works Eastern Cape Province v Moleshe (751/2020) [2023] ZAECBHC 2 (31 January 2023)
The court held that the lease was validly terminated, rejected the rule 41A and dispute-of-fact objections, and ordered eviction from the commercial properties.
Van Der Valk N.O and Others v Johnson and Others (20449/2021) [2023] ZAWCHC 20 (30 January 2023)
The applicants, as trustees of the Falcon Trust, have established locus standi as registered owners of the property. The respondents' leases were lawfully terminated, and they have remained in occupation without consent, rendering them unlawful occupiers under PIE. The respondents' primary defence—a dispute over water supply—does not constitute a valid defence to eviction and is being ventilated in a separate damages claim in the magistrate's court. The respondents have provided insufficient information regarding their personal circumstances and efforts to secure alternative accommodation. Th…
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MEC, Department of Public Works and Infrastructure, Eastern Cape Province v Pretorius and Another (CA 09/2022) [2022] ZAECMHC 17 (26 July 2022)
The High Court upheld an eviction application, finding the lease terminated, PIE complied with, and the respondent’s claimed improvement lien unproven.
Properties in Motion (Pty) Ltd v Lunkanga and Others (2021/9110) [2022] ZAGPJHC 248 (22 April 2022)
The court found that the applicant, as purchaser, could not exercise landlord rights or terminate the respondents' right of occupation prior to registration of transfer in the Deeds Registry. The huur gaat voor koop principle only operates upon registration, at which point the purchaser becomes the new owner and landlord. Any purported cancellation of the lease or right of occupation by the applicant before transfer was ineffective. The applicant failed to establish that it lawfully, clearly, and unambiguously terminated the respondents' right of occupation. Consequently, the eviction applica…
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Moranduzzo v Stewart and Another (16049/2021) [2021] ZAGPJHC 801 (22 October 2021)
The court found that a valid lease agreement existed between the applicant and first respondent, despite the lack of signature by the respondent, as her conduct indicated acceptance of the agreement. The respondent's occupation and payment of rental confirmed the existence and terms of the lease. The respondent failed to pay rental as required, resulting in arrears and valid termination of the lease. The alleged waiver of arrear rental was conditional upon the respondent vacating the property by a stipulated date, which she failed to do; thus, the waiver did not take effect. The court held th…
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Acire Property Holdings (Pty) Ltd v Banzi Trade 31 (Pty) Ltd t/a Brick-It (7889/2021) [2021] ZAGPPHC 542 (25 August 2021)
The court dismissed an eviction application, finding the notice to terminate a month-to-month lease was immediate and not a clear, effective termination on reasonable notice.
Marais N.O. and Others v Kondos (5192/2013) [2014] ZAFSHC 2 (9 January 2014)
The High Court granted an urgent eviction application by trustees of a family trust, finding no genuine dispute about a month-to-month oral lease.
Ethekwini Municipality v Sensation Transport Services CC and Others (9300/2010) [2011] ZAKZDHC 75 (2 December 2011)
The court granted eviction after finding the lease was properly terminated for breach, and held the later delay did not waive that termination.
Murray & Roberts Ltd and Others v National Scrap Metal Cape Town (Pty) Ltd and Another (14549/11) [2011] ZAWCHC 421 (9 November 2011)
The High Court granted urgent eviction relief, rejecting an alleged ten-year oral lease as implausible and finding a tacit monthly lease validly terminated on reasonable notice.
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