Pretoria Estate and Market Co Ltd v Pretoria Municipality [1912] ZATPD 137 (21 November 1912)

Mimicipality.-Lease of Square- Reservation of Portion.-
Concession.-Market. - Rights of Municipality 
Interdict.

The Government granted a lease over a certain portion of a public square for the purpose of holding a market.
The lease stipitlated for the erection of marlet buildings on the zortion leased and the payment to the
Government of a percentage of the dites on all sales
inside or outside the market buildings. The lessee
had exclusive control over the leased portion, but the
Government reserped the right to dispose of the remainder of the square. The Government disposed
of its rights to a municipality who partially enclosed
the remaining portion of the square and propornd to·
hold markets thereon. In an action to interdint the
municipality the lessee alleged that the whole extent of the square was necessary for the conduct of his
market: -Held, that the lessee had no right to prevent
the municipality from enclosing or otherwise
dealing with that portion of the sqnare not covered
by the lease.