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Wine and Another v Zondani (2044/08) [2009] ZAECHC 19 (26 February 2009)
The High Court refused an eviction under PIE, finding it would not be just and equitable to evict a long-term occupier who had paid toward the property and improved it.
Nduna v Absa Bank Ltd and Others (4596/03) [2003] ZAWCHC 71; [2004] 3 All SA 364 (C); 2004 (4) SA 453 (C) (12 December 2003)
The High Court held that the PIE Act, read in conjunction with its preamble and section 9, clearly intends to confer jurisdiction on magistrates' courts to entertain eviction proceedings brought by application (motion) as well as action. The term 'proceedings' in PIE is sufficiently broad to encompass applications, and section 5 of PIE, which deals with urgent evictions, necessitates application proceedings. The historical limitation of magistrates' courts to actions initiated by summons does not apply to PIE eviction proceedings. Denying magistrates' courts jurisdiction over application proc…
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