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Land And Property [2023] ZANCHC 50

Trolese v Henderson and Others (1335/2021)

Trolese v Henderson and Others (1335/2021) [2023] ZANCHC 50 (25 August 2023)

The High Court retains concurrent jurisdiction to hear the eviction application, as the lease clause does not make the Magistrates Court the exclusive forum. The first respondent is not an unlawful occupier under PIE, as he does not reside at the property, and thus cannot be evicted. The second respondent and her children are unlawful occupiers, having occupied the property without the owner's consent. Although the municipality cannot provide permanent accommodation, it has made reasonable provision for temporary alternative accommodation in a transit camp. The second respondent failed to dem…

  • Prevention Of Illegal Eviction Act
  • Unlawful Occupation
  • Just And Equitable Eviction
  • Municipal Housing Obligations
  • Children And Eviction
  • Costs Orders
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