24 HOURS FOR A LESSON HOW TO CANCEL A LEASE VALIDLY
Banchan (Pty) Ltd v Des Naidoo and Associates and Another (8494/2023) [2023] ZAGPJHC 563 (25 May 2023)
Often, when disputes arise in a lease or other agreement, both parties are at pains to record in detail where the other ‘guilty’ party contravened the provisions of their agreement. But, as case law has repeatedly highlighted, one must never lose sight of the weight that the breach and notice provisions in the agreement carry. This judgment is a case in point, where a notice was sent by the landlord giving the tenant 7 days to rectify the breach, failing which it would cancel the lease, as the agreement allowed. Misjudging the time with a mere 24 hours, the subsequent cancellation notice was sent prematurely, rendering the attempted cancellation unlawful.
The Judgment
Summary of the Judgment
BRIDGING FINANCE INTEREST RATE: TOO HIGH TO BE BINDING?
Beneficio Developments (Pty) Ltd v Tarentaal Centre Investments (Pty) Ltd and Another (22258/20) [2023] ZAGPPHC 324 (23 May 2023)
The judgment is an interesting read in that it illustrates that high loans in commercial transactions sometimes have extreme interest rates. Whether that fact alone allows the borrower to cry foul afterwards, is a tricky assessment. In general, the terms of the agreement speak loudest, as this judgment shows.
