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BP Southern Africa (Pty) Ltd v Mahmood Investments (Pty) Ltd (683/08) [2009] ZASCA 153

27th November 2009

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Petrol filling station owner obliged in terms of contracts of sale of property and supply of products to conduct business of filling station: refusal to comply amounts to a repudiation of both contracts warranting eviction and retransfer of property to seller/supplier.
Order:
On appeal from High Court, Pietermaritzburg (Msimang and Jappie JJ and Mokgohloa AJ sitting as full court)
1. The appeal is upheld with costs, inculsing those of two counsel
2. The roder of the court below is altered to read:
'The appeal is dismissed with costs'.

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