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South Africa Case Law

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Land And Property [2025] ZAWCHC 66

A.P and Another v Cohen and Others (Appeal) (A 216/2024 ; 21188/2023)

A.P and Another v Cohen and Others (Appeal) (A 216/2024 ; 21188/2023) [2025] ZAWCHC 66 (24 February 2025)

Court
Western Cape High Court, Cape Town
Case number
A216/2024 ; 21188/2023
Judges
Erasmus, Lekhuleni, Bhoopchand

The appeal succeeded on the grounds that the court a quo failed to comply with its obligations under PIE by not adequately investigating the Appellants’ personal circumstances, the risk of homelessness, and the interests of the minor children. The court a quo did not obtain sufficient information from the parties or the City to determine whether the eviction order would be just and equitable. The absence of a City report and failure to facilitate completion of the housing questionnaire meant the court was not fully informed. The court also failed to inquire into the children’s circumstances a…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Just And Equitable Eviction
  • Children Rights In Eviction
  • Municipal Obligations
  • Unopposed Motion Procedure
  • Legal Representation Rights
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Land And Property [2022] ZAGPPHC 880

Msibi v The Occupiers of Unit [....] C[....] and Another (55038/2021)

Msibi v The Occupiers of Unit [....] C[....] and Another (55038/2021) [2022] ZAGPPHC 880 (18 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
55038/2021
Judge
Mncube

The court found that the applicant is the registered owner and thus has locus standi to bring the eviction application. The first respondent and other occupiers are unlawful occupiers as their right of occupation was terminated upon transfer of ownership and withdrawal of consent. However, the court held that, despite the finding of unlawful occupation, it is not just and equitable to order eviction in the absence of a municipal report on alternative accommodation and in light of the presence of minor children who would be rendered homeless. The applicant failed to provide sufficient informat…

Source excerpt

  • Prevention Of Illegal Eviction Act
  • Unlawful Occupation
  • Just And Equitable Eviction
  • Children Rights In Eviction
  • Municipal Obligations
  • Locus Standi
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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.