 Although it was applied again, on the grounds of precedent, by the Appellate Division in "Tuckers Land and Development v Strydom", its correctness was questioned and criticised, "obiter" by Van Heerden JA, and directly by Joubert JA.The latter, reviewing the old authorities, showed that the principle was not in accordance with Roman and Roman-Dutch law.‘It would seem, however’, wrote Tebbutt J in "ABSA v Sweet", ‘that in a contract of lease no such considerations apply and a contractual relationship comes into existence between the lessor and the lessee on the signing of the lease although the resultant obligations arising from the lease may be suspended’.