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South Africa decisions
Decisions matching the current search
Nkuna t/a Nkuna Attorneys v Octodec Investments - Olivetti House (A260/2020) [2023] ZAGPPHC 626 (2 August 2023)
The High Court dismissed an appeal against summary judgment, finding no triable issues in defences based on vis major, locus standi, or arbitration.
Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (038/2022) [2023] ZASCA 57; [2023] 3 All SA 40 (SCA); 2023 (5) SA 68 (SCA) (21 April 2023)
The Supreme Court of Appeal held that the lease agreement did not exclude the tenant's right to claim remission of rent due to vis major, but the loss of use and enjoyment was suffered by Apoldo, the sub-tenant, not the Butcher Shop. As Apoldo is a separate legal entity, the Butcher Shop cannot claim remission based on Apoldo's loss. The court reaffirmed that piercing the corporate veil is only permissible where there is fraud, dishonesty, or unconscionable abuse, none of which were present. The court declined to develop the common law to allow the remedy sought, noting that such development…
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Freestone Property Investments (Pty) Ltd v JDI Research (Pty) Ltd and Another (2020/28832) [2022] ZAGPJHC 85 (15 February 2022)
Summary judgment was granted for arrear rental and related charges after the court rejected iustus error and Covid-19 vis major defences.
Izandla Property Fund (Pty) Ltd v Afro Arhitectural CC and Another (21601/2020) [2021] ZAGPJHC 723 (31 May 2021)
High Court summary judgment granted for unpaid rental under a lease. The court rejected the defendants’ wrong-plaintiff, Covid-19, and occupation defences.
Kooij and Others v Middleground Trading 251 CC and Another (1249/18) [2020] ZASCA 45 (23 April 2020)
The Supreme Court of Appeal held that the agreement was not a lease but a peat-rights contract, and that a compliance notice caused permanent impossibility.
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