Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 25 – 2015

Half truths render tenant liable for landlord damages

Superstrike Investments 53 (Pty) Ltd v Siyakha Management Services (Pty) Ltd and Others (2006/2035) [2015] ZAGPJHC 78 (29 April 2015)

During lease agreement negotiations, the prospective anchor tenant intimated that it was a Fruit & Veg City franchisee and instructed the landlord to erect premises to Fruit & Veg’s specifications. When the franchise director of Fruit & Veg objected to the location of the intended store, it transpired for the first time that this consent was a prerequisite for the tenant contracting. In the ensuing litigation, the court was asked to determine whether there was a fraudulent misrepresentation rendering the tenant liable for damages suffered as a result of the cancellation of the lease agreement. The outcome illustrates the risks of not playing open cards.

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The Judgment
Summary of the Judgment

Business rescue potential even after final liquidation order

Richter v Absa Bank Limited (20181/2014) [2015] ZASCA 100 (01 June 2015)

At first glance it may seem odd that business rescue can be initiated even after a final liquidation order has been issued for a company. The court here however clarified that the liquidation process is only finalised once the entity is deregistered. As such, the Companies Act allows for a business rescue application to be brought at any time before finalisation of the liquidation process. A potential lifeline for struggling entities running out of time to secure an upturn, although real concerns exist for the administration of liquidations as a result.

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The Judgment
Summary of the Judgment

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