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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

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