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Biprops 46 (Pty) Ltd v D S Van Huyssteen (Pty) Ltd (3685/2018) [2019] ZAMPMHC 14 (14 June 2019)
Eviction application dismissed after the court found the tenant had a renewal right under the lease and that email exchanges could serve as written notice.
First Rand Bank Ltd v Janse Van Rensburg (3846/2011, 3847/2011) [2012] ZAECPEHC 1; [2012] 2 All SA 186 (ECP) (17 January 2012)
The court held that the mere fact of an application for debt review under section 86 of the National Credit Act, as reflected in a credit bureau report, does not constitute an act of insolvency under section 8(g) of the Insolvency Act. Section 8(g) requires a written notice from the debtor to the creditor that unequivocally states an inability to pay debts. The credit bureau report did not contain such a statement, nor was it communicated by the respondents themselves or by an authorized agent. The authorities cited, including First Rand Bank Ltd v Evans, do not support the proposition that a…
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