ESTA 10 Archives - GilesFiles

Reviewing eviction order: Employment terminated

by GilesFiles | Jan 15, 2025 | About GilesFiles, Agriculture, Applications, Bill of Rights, Causes and defences, Conduct & capacity, Costs, Courts, Declaratory, Eviction/ejectment, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), 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,...

Eviction order refused: Not just and equitable

by GilesFiles | Feb 7, 2023 | Agriculture, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, Judges, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Objective - correctness, Orders, Parties, Private enterprises, Review tests, Rules Codes & Manual, Sectors, Statutory, Thresholds, 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,...

Respecting residential rights: ESTA and representations

by GilesFiles | Apr 4, 2022 | 2020 onwards, Agriculture, Allowed, Appeals, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Disallowed, Government, Interpretation etc, Judges, Just and equitable relief, Labour Relations, Legal Practice, Legislation, Metro, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Maluleke NO v Sibanyoni In the context of respecting residential rights is it just and equitable to evict an occupier of rural land without inviting representations? “[27] The failure by the Trust to provide Mr Sibanyoni...

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, Costs not awarded, Courts, Declaratory, Delict, Eviction/ejectment, Exceptions/special pleas, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, 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, Costs punitive, 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,...

Occupier unlawfully evicted: Probation report required

by GilesFiles | Sep 28, 2018 | 2018, 2018, Applications, Courts, Eviction/ejectment, Evidence & onus, Judges, Landmark judgments, Legal Practice, Legislation, Orders, Practices (LRL 9), SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

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...

Tag: ESTA 10

Reviewing eviction order: Employment terminated

Eviction order refused: Not just and equitable

Respecting residential rights: ESTA and representations

Eviction just and equitable: Relationship breached

Protected occupier saved: Eviction order set aside

Occupier unlawfully evicted: Probation report required