John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) and Another

The applicant, John Walker Pools (JWP), occupied shop premises in Ballito Bay Mall. The first respondent, Consolidated Aone Trade & Invest 6 (Pty) Ltd (CAT), claimed ownership of the premises and sought JWP’s eviction on the basis that JWP was in unlawful occupation. JWP alleged a right of occupation arising from a lease concluded with the second respondent, Imperial Crown Trading (Pty) Ltd (ICT). Both CAT and ICT were in liquidation. CAT contended that any rights ICT may have had to occupy or lease out the premises had been terminated, and that JWP therefore had no enforceable right against CAT. The KwaZulu-Natal Division granted an eviction order against JWP and dismissed its application for leave to appeal. JWP then sought leave to appeal to the Supreme Court of Appeal. During the pendency of the application, the alleged lease relied on by JWP expired in September 2017.

The application for leave to appeal was dismissed with costs.

The case affirms the approach to mootness in appellate proceedings under s 16(2)(a)(ii) of the Superior Courts Act and clarifies that appeals with no practical effect should not proceed absent exceptional circumstances. It reinforces established principles of eviction law, particularly that a sub-lessee cannot assert a lease against an owner without a legally enforceable right. The judgment also provides guidance on how costs should be approached when an appeal becomes moot during its pendency.