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- THE KING WILLIAM’S TOWN PROPERTY TRUST APPLICANT and CORAL BLUE TRADING NO.3 CC RESPONDENT
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IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISON) CASE NO: 6158/2007 DATE HEARD: 21/2/08 DATE DELIVERED: 10/3/08 NOT REPORTABLE In the matter between: LARRY CHAO-SHENG CHANG ON BEHALF OF THE KING WILLIAM’S TOWN PROPERTY TRUST APPLICANT and CORAL BLUE TRADING NO.3 CC RESPONDENT ______________________________________________________________ The applicant sought an order evicting the respondent from two shops let in terms of two contracts of lease. It claimed this relief on the basis of the respondent having installed a geyser in one of the shops which, said the applicant, was a breach of clause 8 of the leases in that alterations or additions could not be effected without the lessor’s prior written consent. It was held that the term ‘alterations or additions’ had to be interpreted restrictively to mean permanent alterations or additions that are not functionally related to the purpose for which the premises were let. It was also contended that the manner in which the geyser was installed breached clauses that prohibited use of the premises that contravened ‘any laws, by-laws, regulations, town planning scheme or condition of title relating to or affecting the premises’ and clauses that provided that the respondent ‘shall not use any apparatus … on the premises which may in any way vitiate the landlord’s fire insurance policy in respect of the premises’. It was held that the breaches of these terms were not sufficiently serious to justify cancellation. The application was dismissed with costs. Directory: cases -> ZAECHC -> 2008 cases -> In the high court of south africa gauteng local division, johannesburg cases -> In the high court of south africa (witwatersrand local division) case no 24286/08 cases -> Durban and coast local division ZAECHC -> Form a filing sheet for eastern cape judgment 2008 -> Form a filing sheet for south eastern cape local division judgment ZAECHC -> In the high court of south africa ZAECHC -> South african shore angling ZAECHC -> Form a filing sheet for south eastern cape local division judgment ZAECHC -> Form a filing sheet for eastern cape judgment Download 56.8 Kb. Share with your friends:
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