PIE Act 4 Archives - GilesFiles

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,...

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...

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...

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...

Life-right confirmed: Eviction order overturned

by GilesFiles | Nov 21, 2019 | 2019, Appeals, Bill of Rights, Courts, Dignity equality freedom, Eviction/ejectment, High Court, High Court judges, Judges, Legal Practice, LRA 1995, Orders, Parties, Private enterprises, Sectors, 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,...

Tag: PIE Act 4

Eviction application requirements: No appeal right nor prospects

Evicting homeless occupiers: Justice and equity?

Eviction requirements restated: PIE evidential burden

Just and equitable eviction: Community scheme

Occupation and eviction rights: Balancing interests

Land occupation issues: ESTA and PIE distinguished

Life-right confirmed: Eviction order overturned