Category: Eviction/ejectment

Eviction just and equitable: Relationship breached

Nimble Investments (Pty) Ltd v JM In considering whether an eviction order would be just and equitable and by a majority decision the SCA confirmed there were two issues. “The first is whether an order for the eviction of...

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Protected occupier saved: Eviction order set aside

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Occupier defined explained: Clash – ESTA and PIE

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and  respondents only qualified as ‘occupiers’ if their occupation...

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Eviction fatally defective: Right to reside ended?

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

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Life-right confirmed: Eviction order overturned

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Property deprivation examined: Eviction of tenants

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Eviction orders considered: Unfair rental practices

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Eviction proceedings considered: Utmost good faith

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Occupier unlawfully evicted: Probation report required

Monde v Viljoen NO (Millhurst Farm) Occupier unlawfully evicted in  the absence of a report from the probation officer. “Consistent with the overall purpose of ESTA, s 9(3) forms part of provisions that impose limitations...

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Ordering farm eviction: Balance of convenience requirement

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Constructive eviction: No danger farming buffalo

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