Mayekiso and Others v Patel NO and Others (3860/2016)
Mayekiso and Others v Patel NO and Others (3860/2016) [2018] ZAWCHC 143; [2019] 1 All SA 221 (WCC); 2019 (2) SA 522 (WCC) (24 October 2018)
The majority held that the appellants were unlawful occupiers under PIE and that the eviction order was just and equitable, as the court a quo considered all relevant circumstances, including the interests of minor children and the risk of homelessness. The property had been sold and transferred, and the appellants undertook to vacate upon sale. Allegations regarding the first respondent trustee's identity and conduct did not invalidate the statutory powers exercised by the trustees collectively, nor did they warrant the admission of further evidence on appeal. The appeal was dismissed, and c…
Source excerpt
- Eviction Under Pie
- Trustee Powers In Insolvency
- Homelessness And Alternative Accommodation
- Children S Rights In Eviction
- Locus Standi Of Trustees
- Admission Of Further Evidence On Appeal