Jai Hind EMCC cc t/a v Engen Pretroleum Ltd; In Re: Engen Pretroleum Ltd v Jai Hind EMCC cc t/a Emmerentia Convenience Centre (11752/2020; A 5030/2022) [2022] ZAGPJHC 469 (27 July 2022)


IN THE HIGH COURT OF SOUTH AFRICA,

GAUTENG DIVISION, JOHANNESBURG


APPEAL CASE A5030/2022

CASE NUMBER: 11752/2020

DATE OF APPEAL: 27 July 2022

Shape1


  1. REPORTABLE: NO

  2. OF INTEREST TO OTHER JUDGES: NO



DATE SIGNATURE








In the matter between:

JAI HIND EMCC CC T/A EMMERENTIA CONVENIENCE

Applicant

CENTRE



and






ENGEN PETROLEUM LIMITED SOUTH AFRICA

Respondent




In re:


ENGEN PETROLEUM LIMITED SOUTH AFRICA Applicant


and


JAI HIND EMCC T/A EMMERENTIA CONVENIENCE Respondent

CENTRE

JUDGMENT




Electronically submitted

Delivered: This judgment was prepared and authored by the Deputy Judge President whose name is reflected and is handed down electronically by circulation to the Parties / their legal representatives by email and by uploading it to the electronic file of this matter on CaseLines. The date of the judgment is deemed to be 29 July 2022.



SUTHERLAND DJP (ADAMS J AND THOMPSON AJ CONCURRING)

Order

  1. It is ordered, by consent that:

1.1 The Respondent Jai Hind EMCC CC T/A Emmerentia Convenience Centre shall vacate the leased premises by no later than 17h00 on 31 July 2022.





___________________________________


SUTHERLAND DJP



____________________________

ADAMS J



_____________________________

THOMPSON AJ


COUNSEL FOR THE APPELLANT:

Adv Terry Motau SC and Adv Realeboga Tshetlo

INSTRUCTED BY:

Phukubje Pierce Masithela Attorneys

COUNSEL FOR THE RESPONDENT:


INSTRUCTED BY:

Des Naidoo & Associates

DATE OF THE HEARING:

27 July 2022

DATE OF JUDGMENT

29 July 2022


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