spoliation Archives - GilesFiles

Right to counter-spoliate: Common law defences

by GilesFiles | Jul 10, 2024 | 2020 onwards, 2020 onwards, Causes and defences, Costs, Courts, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Landmark judgments, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, 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,...

Prohibitory occupation interdict: Appeal allowed

by GilesFiles | Apr 14, 2023 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Central, Costs, Courts, Declaratory, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

Moshe v Minister of Agriculture, Land Reform and Rural Development When will a prohibitory occupation interdict be granted concerning alleged unlawful invasion and occupation of land? “[11] In essence the basis of the...

Restoring unrestricted access: Child initiation rites

by GilesFiles | Mar 15, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Dignity equality freedom, District, Government, High Court, High Court judges, Interdicts & rules, Judges, Legal Practice, Municipal managers, Orders, Parties, Roman Dutch law, Rules Codes & Manual, Sectors, 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,...

Access denial provision: Public policy issues?

by GilesFiles | Jan 30, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Protectable interests, Public policy, Sectors, 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,...

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, Costs not awarded, Courts, Declaratory, Eviction/ejectment, Evidence & onus, Exceptions/special pleas, 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...

Access control blocked: Applied conduct rules

by GilesFiles | Oct 8, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, Rules Codes & Manual, Sectors, 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,...

Mandament van spolie: Personal right to electricity

by GilesFiles | Jun 18, 2019 | 2019, Causes and defences, Courts, Judges, SCA judges, Sectors, State Owned Enterprises, 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,...

Invalid conduct rules: Unlawful speeding fines

by GilesFiles | Nov 17, 2017 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Body C Conduct, Causes and defences, Contractual breach, Costs, Costs awarded, Courts, Declaratory, Evidence & onus, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Logistics, Orders, Parties, Personal services, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Singh v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) When does protection of individual private interests conflict with public interests and when are conduct rules invalid and unenforceable?...

Tag: spoliation