Eviction/ejectment Archives

Eviction application requirements: No appeal right nor prospects

by GilesFiles | Oct 16, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Evidence & onus, Government, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Metro, Orders, Parties, Refused, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Vacating residential premises: Interim interdict granted

by GilesFiles | May 31, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Eviction/ejectment, Granted, Interdicts & rules, Interim relief, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Personal services, Resolving disputes (LRL 3), RGO Lagrange, Rules Codes & Manual, Sectors, Selected judges, self-created urgency, Statutes (LRL 2)-work, staying proceedings, Topics, Training authorities, Universities and schools | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Jurisdiction to evict occupier: Leave to appeal

by GilesFiles | Jun 21, 2023 | Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Goedverwachting Farm (Pty) Ltd v AJR When is jurisdiction of LCC ousted when deciding whether or not to evict occupier carrying on farming operations by himself? “[15] Considering the Applicant’s submissions, the...

Evicting homeless occupiers: Justice and equity?

by GilesFiles | May 30, 2023 | 2020 onwards, Applications, Causes and defences, Central, Costs, Courts, Eviction/ejectment, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Refused, Rule nisi, Rules Codes & Manual, SDJ Wilson, Sectors, Selected judges, State Owned Enterprises, Statutory, Topics | 0 |

Telkom SA (Soc) Ltd v MEM What alternatives are there to provide accommodation off-site to residents at training centre rather than evicting homeless occupiers? “33 Finally, I cannot accept that Telkom has no effective...

Reasonably remediate nuisance: Curbing criminals

by GilesFiles | Apr 26, 2023 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Government, Granted, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Metro, Orders, Parties, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

BC The Six Sectional Title Scheme v City of Cape Town When will an order of reasonably remediate (to restore by reversing or stopping environmental damage) nuisance be granted? ‘[20] The applicant accepts that it has no...

Eviction requirements restated: PIE evidential burden

by GilesFiles | Jan 10, 2023 | 2020 onwards, 2020 onwards, Applications, Associations/corporates, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Dignity equality freedom, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Madulammoho HA NPC vs N What are the legal requirements that need to be met before an eviction order can be granted by a court? “8 The principles of justice and equity are, first, that the applicant for an eviction order...

Grazing livestock rights: Tacit consent granted

by GilesFiles | Nov 11, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Contractual breach, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Interdicts & rules, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Refused, Sectors, Statutory, Topics, Trustees | 0 |

Moladora Trust v Mereki On what basis do occupiers of farm land enjoy livestock grazing rights and is tacit consent sufficient to establish that right? “”32. The conclusion that there was tacit consent is, in my...

Just and equitable eviction: Community scheme

by GilesFiles | Sep 27, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Eviction/ejectment, Evidence & onus, High Court, High Court judges, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

De Wet NO v G (Grove Body Corporate) In what circumstances will it be just and equitable to grant an eviction order from a unit in a sectional title community scheme and what notice has to be given? “[8]. This defence is...

Occupation and eviction rights: Balancing interests

by GilesFiles | Sep 20, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Dignity equality freedom, Eviction/ejectment, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Rules Codes & Manual, Sectors, Statutory, Topics, ZLL Tshiqi | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Land occupation issues: ESTA and PIE distinguished

by GilesFiles | Apr 29, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Community schemes, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Hearsay, Interpretation etc, Judges, Landmark judgments, leave to appeal, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Statutory, Supreme Court of Appeal, Topics | 0 |

Frannero Property Investments 202 (Pty) Ltd v Selapa In deciding occupation of land issues when are occupants covered by the Extension of Security of Tenure Act 62 of 1997 (ESTA)? “[24] Consistent with the basic common law...

Eviction just and equitable: Relationship breached

by GilesFiles | Sep 30, 2021 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Delict, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

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...

Protected occupier saved: Eviction order set aside

by GilesFiles | Oct 13, 2020 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Judges, Labour Relations, Legal Practice, Legislation, Orders, Parties, Private enterprises, Review tests, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Eviction/ejectment