unlawful occupation and possession Archives

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...

Holding occupational rights: Consent to alienation?

by GilesFiles | Jan 20, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Consumer protection, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Interpretation etc, Judges, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, 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,...

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...

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...

Misappropriating company property: Abusing powers

by GilesFiles | May 18, 2020 | 2020 onwards, Allowed, Appeals, Appeals - leave, Awards -s145 see also Sidumo, Conduct - gross, Conduct & capacity, Courts, Evidence & onus, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 1995, Managerial prerogative, Orders, Parties, Private enterprises, Review tests, Roland Sutherland, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 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,...

Tacit agreement or legitimate expectation

by GilesFiles | Jun 3, 2016 | 2016, Causes and defences, Community schemes, Courts, Judges, Legitimate expectations, Miscellaneous, SCA judges, Supreme Court of Appeal | 1 |

Minister of Human Settlements, Western Cape Provincial Government v Penhill Residents Small Farmers Co-operative Ltd (429/2015) [2016] ZASCA 99 (3 June 2016) per Lewis JA [Cachalia, Saldulker and Mathopo JJA and Tsoka AJA...

Right of habitation: Eviction of unlawful occupier

by GilesFiles | Nov 25, 2015 | 2015, Applications, Causes and defences, Community schemes, Courts, Eviction/ejectment, Judges, Legal Practice, Orders, SA Majiedt, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal | 0 |

A Hendricks v M Hendricks (20519/14) [2015] ZASCA 165 (25 November 2015) per Majiedt JA (Mhlantla, Leach, Tshiqi and Saldulker JJA concurring): The Supreme Court of Appeal allowed the appeal and remitted the case to the Somerset...

Implied trust breach: Valid and Fair dismissal

by GilesFiles | Aug 4, 2015 | 2015, Anton Myburgh, Causes and defences, Contractual breach, Courts, Judges, Labour Court, Labour Court judges, Review tests, Termination (LRL 8), Topics, Trust & confidence | 0 |

Massbuild (Pty) Ltd t/a Builders Warehouse v CCMA (JR1685/12) [2015] ZALCJHB 234 (4 August 2015) per Myburgh AJ. The Labour Court reviewed and set aside the award after considering whether there was a fair reason to dismiss,...

Tag: unlawful occupation and possession