Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC (18549/2015) [2016] ZAGPJHC 373 (29 July 2016)

SUMMARY The Applicant in this matter was Unlocked Properties 4 (Pty) Ltd and A Commercial Properties CC, the Respondent, who were parties to a contract for the sale of immovable property, the Applicant being (the “Purchaser”) and the Respondent being (the “Seller”). As the contract was one of sale of immovable property, there was a
Read more
No Comments

Ritz Plaza (Proprietary) Limited v Ritz Hotel Management Company (Proprietary) Limited (20753/17) [2018] ZAWCHC 60; [2018] 3 All SA 583 (WCC) (28 May 2018)

BACKGROUND On 11 October 2016, the applicant company (“the lessor”) concluded a written lease agreement (“the lease”) with the respondent (“the lessee”) in terms whereof the hotel and the property on which it is located were leased to it for a period of 20 years. By the end of 2016, the lessee began defaulting on
Read more
No Comments

Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166

SUMMARY The Appellant, Roazar CC (“Roazar”), sought an order on appeal evicting the Respondent, the Falls Supermarket CC (“The Falls”), from a shopping centre owned by Roazar at which The Falls had been conducting a business known as “The Spar”. On 2 February 2016, The Falls wrote to Roazar stating it wished to renew the
Read more
No Comments

Mlalandle v Nedbank Limited and Others (2215/2017) [2018] ZAECPEHC 36 (31 July 2018)

SUMMARY In this matter the applicant seeks to set aside a sale, by auction, of an immovable property. The applicant bases her application on the ground that the sale in execution proceeded in breach of an agreement concluded between the applicant and the first respondent. This application was opposed by the first respondent. The applicant
Read more
No Comments

Airports Company South Africa v Big Five Duty Free (Pty) Limited and 2 Others [2018] ZACC 33

SUMMARY The Applicant in this matter was Airports Company South Africa (“ACSA”). The Respondents, Big Five Duty Free (Pty) Ltd (“Big Five”), DFS Flemingo SA (Pty) Ltd (“Flemingo”) and Tourvest Holdings (Pty) Ltd (“Tourvest”), were bidders for a tender issued by ACSA to operate duty free shops at its international airports for a period of
Read more
No Comments

Vincorp (Pty) Ltd v Trust Hungary ZRT (0612017) [2018] ZASCA 35 (27 March 2018)

INTRODUCTION & BACKGROUND This matter deals with whether there were a series of agreements for the sale of wine barrels between the parties namely, Vincorp (Pty) Ltd (“the Appellant”) and a Hungarian company, Trust Hungary ZRT (“the Respondent”). In particular, whether there existed the requisite animus contrahendi in respect of both parties. The Respondent, alleging
Read more
No Comments

Rock Advertising Limited (Respondent) v MWB Business Exchange Centres Limited (Appellant) [2018] UKSC 24

BACKGROUND & SUMMARY The appellant in this matter was MWB Business Exchanges Centres Ltd (“MWB”), a company who managed serviced offices in London. The respondent in this matter was Rock Advertising Limited (“Rock”). MWB and Rock entered into a licence agreement (the “Agreement”) for the occupation of certain office space (the “Premises”) for a fixed
Read more
No Comments

Bester v Selfmed Medical Scheme (C171/2015) [2018] ZALCCT 25 (31 July 2018)

BACKGROUND Marthie Bester (“the Applicant”) was initially permanently employed as the national marketing director of Selfmed (“the Respondent”). This was later converted to a fixed term contract expiring on 31 December 2014. Upon expiry of her contract, the Applicant alleged that she was owed 218.74 days’ accrued leave. However, the Respondent contended that she was
Read more
No Comments

Zitonix (Pty) Ltd v K201250042 (South Africa) (Pty) Ltd 2018 ZASCA 63

SUMMARY The Appellant is Zitonix (Pty) Ltd, a fashion retail company which traded with several different brands, in shopping centres throughout the country. The Appellant, represented by its sole Director, Mr Marcel Joubert (“Joubert”), entered into 5 commercial leases with Old Mutual Property Management Services (Pty) Ltd, acting on behalf of   K201250042 (South Africa) (Pty)
Read more
No Comments

Mostert and Others v Firstrand Bank t/a RMB Private Bank and Another (198/2017) [2018] ZASCA 54 (11 April 2018)

SUMMARY This appeal concerned section 129(3) of the National Credit Act (the NCA) and whether a default in a credit agreement can be remedied by payments made by a third party and not by, or on behalf of, the consumer itself. The First Respondent, Firstrand Bank Limited t/a RMB Private Bank (RMB), advanced R30 million
Read more
No Comments