7 Common Mistakes to avoid when Cancelling a Lease Agreement

  By Anja van Wijk, Senior Associate, and Chantelle Gladwin-Wood, Partner Introduction This article deals with the 7 most common mistakes made in cancelling an occupant’s right to reside on the property.   Cancelling the Occupant’s right The Constitution[1] provides that no one may be evicted from their home without a court order authorizing the
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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)
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Makah v Magic Vending (Pty) Ltd; Ngolo v Magic Vending (Pty) Ltd (A325/2016; A326/2016) [2017] ZAWCHC 142; 2018 (3) SA 241 (WCC) (16 May 2017)

SUMMARY This appeal concerned the consolidated appeals against two eviction applications. The Respondent, Magic Vending (Pty) Ltd applied for the eviction of the Appellants from their respective units. The court a quo granted the eviction of the Appellants, on the ground that they had failed to make payment of rental amounts to the Respondent. On
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Ocean Echo Properties 327 CC and Another v Old Mutual Life Assurance Company (South Africa) Limited (288/2017) [2018] ZASCA 9 (1 March 2018)

SUMMARY Ocean Echoes (the first appellant) and Old Mutual (the respondent) entered into a lease agreement for the rental of business premises. Angelo Giannaros (the second appellant) bound himself as surety and co-principal debtor with the first appellant. The respondent issued summons against the first and second applicant, asserting that the first appellant was in
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