lease Archives - GilesFiles

Sectional title complex: Peaceful and undisturbed occupation

by GilesFiles | May 31, 2016 | 2016, Appeals, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Judges, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Herr v Innomet (Pty) Ltd (394/2015) [2016] ZASCA 82 (31 May 2016) per Saldulker JA (Ponnan, Majiedt, Swain and Zondi JJA concurring): The Supreme Court of Appeal (SCA) allowed the lessee’s appeal. The lessee vacated a unit is a...

Commercial lease considered: Developing common law

by GilesFiles | Nov 19, 2015 | 2015, 2015 and earlier, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Courts, Declaratory, Eviction/ejectment, General, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Retired judges, Roman Dutch law, Topics | 0 |

Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd (CCT211/14) [2015] ZACC 34 (19 November 2015) per Van der Westhuizen J [Mogoeng CJ, Moseneke DCJ, Cameron J, Jafta J Khampepe J, Madlanga J, Matojane AJ,...

Enforcing contractual rights: Interdict not performance

by GilesFiles | Sep 26, 2005 | 2014 and earlier, Applications, Causes and defences, Contractual breach, Courts, Interdicts & rules, Judges, Jurisdiction & powers, Legal Practice, Orders, Retired judges, SCA judges, Specific performance, Supreme Court of Appeal, Topics | 0 |

The SCA held that the threatened invasion of the rights of the owner under the lease was enough proof of reasonably apprehended injury. It was also held that an interdict was an appropriate remedy. This was despite the owners...

Tag: lease

Sectional title complex: Peaceful and undisturbed occupation

Commercial lease considered: Developing common law

Enforcing contractual rights: Interdict not performance