ESTA 5-8 Archives - GilesFiles

Reasonably necessary improvement: Landowner’s consent required?

by GilesFiles | Sep 9, 2025 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, 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,...

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...

Occupier construction rights: Improve not build

by GilesFiles | Oct 5, 2022 | Agriculture, Applications, Bill of Rights, Causes and defences, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, Granted, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Land Claims Court, Land Claims Court Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, 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,...

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,...

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 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...

Eviction fatally defective: Right to reside ended?

by GilesFiles | Mar 16, 2020 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Courts, Disallowed, Eviction/ejectment, Judges, Legal Practice, Legislation, MML Maya, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Aquarius Platinum (SA) (Pty) v Bonene Supreme Court of Appeal held that purported eviction fatally defective in that the land owner failed to prove that the right to residence had been terminated after employment was terminated....

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...

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 5-8