BCC 443/2006

This case involved a request to evict tenants who had rented a property under a tenancy agreement which included a pledge for sale but had not paid the rent. The key issue was whether the court of urgent affairs had jurisdiction as it was claimed the contract was not a tenancy agreement but a pledge for sale.

Background

A landlord filed a case against two tenants before the court of urgent affairs requesting the tenants to vacate a rented villa. The landlord said that the tenant had rented the villa in under a tenancy agreement that included a pledge for sale. The landlord said that the tenancy agreement stipulated that the landlord could dismiss the agreement if the tenants failed to pay the rent.

The court ruled that the tenants should vacate the rented villa.

The tenants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision