Hendrik van NieuwenhuizenAdvocate · Johannesburg Bar
All matters

2023

Aludar 233 v Unlocked Properties 28

Gauteng Local Division (full court) — Wilson J et Crutchfield J

Counsel for the appellant

Appeal against summary judgment for rent and ancillary charges under a commercial lease where COVID-era regulations under section 27 of the Disaster Management Act had rendered the leased use unlawful for a period. The full court upheld the appeal, finding the impossibility-of-performance and contra-bonos-mores defences fit for trial and following the persuasive authority of World Leisure Holidays v Georges 2002 (5) SA 531 (W). Reported as (A3148/2021) [2023] ZAGPJHC 1297 (14 November 2023).

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