ESTA 2 Archives - GilesFiles

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...

Unlawful occupation considered: Just and equitable remedy

by GilesFiles | Jul 14, 2021 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Courts, Evidence & onus, Judges, Legal Practice, Orders, Parties, Private enterprises, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Grobler v Phillips Unlawful occupation considered by SCA and pointed out that during the greater part of occupation the property formed part of a farm but gradually the farm became absorbed by the growth of urban developments...

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...

Tag: ESTA 2

Occupation and eviction rights: Balancing interests

Land occupation issues: ESTA and PIE distinguished

Unlawful occupation considered: Just and equitable remedy

Occupier defined explained: Clash – ESTA and PIE