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South Africa Case Law

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Land And Property [2023] ZAGPJHC 317

Van Loggenberg NO v Jones and Others (2022/19225)

Van Loggenberg NO v Jones and Others (2022/19225) [2023] ZAGPJHC 317 (3 April 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2022/19225
Judge
RM Keightley

The court found that the executrix, duly appointed and not removed, had locus standi to bring the eviction application. The first respondent failed to establish any valid legal defence to eviction, as her claims regarding a universal partnership and the existence of a later will were vague, unsupported by evidence, and not properly before the court. The respondent's continued occupation was unlawful and detrimental to the estate, and her appropriation of estate assets without authority further justified the executrix's need for possession. The respondent did not demonstrate that eviction woul…

Source excerpt

  • Unlawful Occupation
  • Eviction Under Pie Act
  • Section 26 Right To Housing
  • Universal Partnership Claim
  • Locus Standi Of Executrix
  • Balancing Property And Housing Rights
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Land And Property [2008] ZAKZHC 13

Njapha and Others v Govender (AR 516/06)

Njapha and Others v Govender (AR 516/06) [2008] ZAKZHC 13 (29 February 2008)

Court
High Courts - Kwazulu Natal
Case number
AR 516/06
Judges
Jappie, Msimang, Madondo

The court held that the appellants, by consenting to the eviction order and agreeing to vacate the property by a specified date, had acquiesced in the order and were precluded from challenging it on appeal. The procedural requirements of PIE were satisfied, and the appellants did not raise any defence or request an enquiry at the time the order was made. The court found no obligation under PIE or the Constitution for the court a quo to conduct an inquisitorial enquiry in the absence of a defence or request from the parties. The doctrine of election prevented the appellants from approbating an…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Just And Equitable Eviction
  • Consent To Judgment
  • Waiver Of Rights
  • Balancing Property And Housing Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.