Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Limited and Another

Case Number:
CCT211/14
Citations:
[2015] ZACC 34
Citations:
2016 (1) SA 621 (CC)
Citations:
2016 (1) BCLR 28 (CC)
Judge:
Van der Westhuizen J
Hearing Date:
11 August 2015
Judgment Date:
19 November 2015
Synopsis:
Common law — commercial eviction — sub-lessee cannot raise sub-lessor’s lack of title as defence Section 39(2) of the Constitution — circumstances when common law ought to be developed — common law rule does not require development Rule 33 of the Uniform Rules of Court — argument cannot be entertained if court sitting as court of first and last instance
Judgment:
Full judgment

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