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Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another (CCT211/14) [2015] ZACC 34

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Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another (CCT211/14) [2015] ZACC 34

19th November 2015

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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

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Rule 33 of the Uniform Rules of Court — argument cannot be entertained if court sitting as court of first and last instance

ORDER

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On appeal from the Gauteng Local Division of the High Court, Johannesburg:

1.       Condonation for the late filing of the statement of facts and record is granted.

2.       Leave to appeal is refused.

3.       The applicant must pay costs, including costs of two counsel.

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