ESTA 1997 Archives - GilesFiles

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...

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,...

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...

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, Costs not awarded, Courts, Declaratory, Dignity equality freedom, Eviction/ejectment, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, 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, 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...

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 defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020 onwards, A G Binns-Ward, Allowed, Appeals, Applications, Causes and defences, Courts, Eviction/ejectment, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Private enterprises, Sectors, Statutory, Topics, Trustees | 0 |

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...

Jurisdictional objection upheld: Alleged employer discrimination

by GilesFiles | Nov 22, 2019 | Agriculture, Applications, Bill of Rights, Courts, Dignity equality freedom, Discrimination (LRL 11), Equality Court, Exceptions/special pleas, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, OL Rogers, Orders, Parties, Private enterprises, Sectors, Special pleas, Topics | 0 |

Rarayi v Oak Valley Estates The Equality Court upheld a jurisdictional objection and dealt with an objection to the “jurisdiction of the Equality Court to conduct an enquiry in terms of s 21 of the Promotion of Equality...

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, Just and equitable relief, Legal Practice, LRA 1995, Orders, Parties, Private enterprises, Sectors, Topics, Unlawful and void | 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,...

Property deprivation examined: Eviction of tenants

by GilesFiles | Nov 14, 2019 | 2019, Appeals, Balancing interests, Bill of Rights, Causes and defences, Courts, Eviction/ejectment, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, 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,...

Visiting ancestral graveyard: Meaning of reside

by GilesFiles | Jul 8, 2019 | 2019, Agriculture, Bill of Rights, Costs, Courts, Dignity equality freedom, Judges, Legal Practice, Legislation, MML Maya, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Sandvliet Boerdery (Pty) Ltd v Mampies Visiting ancestral graveyard depends on the meaning of ‘reside’ and the facts including the use of a graveyard and burial right may be invoked and rights of an...

Tag: ESTA 1997