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Mthatha Mall (Pty) Ltd v Motion Fitness (Pty) Ltd t/a Motion Fitness and Another (3531/2018) [2018] ZAECGHC 134 (27 December 2018)
The High Court struck an urgent application from the roll, finding the request to cut electricity was self-created urgency amid long-standing payment and meter disputes.
Adventure Golf Bruma CC v Redefine Properties Ltd and Another (6836/2013) [2014] ZAGPJHC 314 (2 September 2014)
The court held that clause 23.01(b) of the lease agreement operates as a conditional qualifier: only if there are no sub-meters does the pro-rata calculation apply. It is common cause that sub-meters exist and were installed at the time of the lease agreement. Therefore, the applicant's consumption must be calculated based on actual usage as measured by the sub-meters. The applicant's reliance on deleted portions of the agreement is misplaced, as such portions do not form part of the contract and are inadmissible under the integration rule. The court found that the lease agreement does not pr…
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Pareto Limited and Others v Kalnisha Sigaban t/a KS Flowers N More (A3096/09) [2010] ZAGPJHC 21 (15 April 2010)
Appeal upheld: default judgment was wrongly refused in a lease claim, and section 129 of the National Credit Act did not apply to the rental or utility charges.
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