Engen Petroleum Limited v Rissik Street One Stop CC and Another (209/2020) [2021] ZASCA 63 (26 May 2021)

Flynote

Appeal against order staying eviction proceedings pending finalisation of
arbitration requested by fuel retailer in terms of s 12B of the Petroleum Products Act
120 of 1977 in order to challenge refusal to consider and consent to an offer to
purchase filling station business ─ lease agreement expired by effluxion of time ─
referral of dispute to arbitration does not give retailer a right to continue occupying
premises pending a sale of fuel retail business ─ appeal upheld


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