Keppler and others v Department of Land Affairs (LCC116/98) [2003] ZALCC 16 (1 July 2003)

Keppler and others v Department of Land Affairs (LCC116/98) [2003] ZALCC 16 (1 July 2003)

The court found that, following its earlier judgment which allowed claimants to submit further evidence, Nora Keppler had secured the agreement of all other claimants to accept compensation on their behalf. An agreement was reached between Nora Keppler and the Department of Land Affairs for payment of R43,300.00 in respect of Lot 87, The Highlands. The court, satisfied with the parties' consensus and the sufficiency of evidence now presented, ordered that compensation be paid to Nora Keppler for the dispossession of Lot 87.

Citation
[2003] ZALCC 16
Parties
Plaintiff: N Keppler; Plaintiff: F Jafta; Plaintiff: SJ Keppler; Defendant: Department of Land Affairs
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
1 July 2003
Case Number
LCC 116/98
Procedural Posture
Civil Procedure / Final Determination of Compensation Claim
Outcome
Compensation awarded to Nora Keppler for the dispossession of Lot 87, The Highlands.
Judges
A Gildenhuys
Legal Topics
Restitution of Land Rights Act, Compensation for Dispossession, Evidentiary Requirements
Land and Property Restitution of Land Rights Act Compensation for Dispossession Evidentiary Requirements

Case Brief

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Parties

N Keppler

Plaintiff

F Jafta

Plaintiff

SJ Keppler

Plaintiff

Department of Land Affairs

Defendant

Procedural Posture

Civil Procedure / Final Determination of Compensation Claim

Legal Issues

  1. 1 Whether the claimants provided sufficient evidence to establish their right to claim compensation for Lot 87, The Highlands.
  2. 2 Whether Nora Keppler is entitled to receive compensation on behalf of all claimants for the dispossession of Lot 87.

Ratio Decidendi

The court found that, following its earlier judgment which allowed claimants to submit further evidence, Nora Keppler had secured the agreement of all other claimants to accept compensation on their behalf. An agreement was reached between Nora Keppler and the Department of Land Affairs for payment of R43,300.00 in respect of Lot 87, The Highlands. The court, satisfied with the parties' consensus and the sufficiency of evidence now presented, ordered that compensation be paid to Nora Keppler for the dispossession of Lot 87.

Court Disposition

Compensation awarded to Nora Keppler for the dispossession of Lot 87, The Highlands.

Orders

  • Compensation of R43,300.00 is awarded to Nora Keppler in respect of the dispossession of Lot 87, The Highlands.