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[2022] ZAGPJHC 493
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Jai Hind EMCC CC T/A Emmerentia Convenience Centre v Engen Petroleum Limited South Africa: In re: Engen Petroleum Limited South Africa v Jai Hind EMCC CC T/A Emmerentia Convenience Centre (A5030/2022; 11752/2020) [2022] ZAGPJHC 493 (29 July 2022)
IN
THE HIGH COURT OF SOUTH AFRICA,
GAUTENG
DIVISION, JOHANNESBURG
APPEAL CASE A5030/2022
CASE
NUMBER: 11752/2020
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
DATE
OF APPEAL: 27 July 2022
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 Case Lines.
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