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

ORDER

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.