Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2024] ZAGPJHC 54

White Wall Trading (CC) and Another v Biyela and Others (090403/2023)

White Wall Trading (CC) and Another v Biyela and Others (090403/2023) [2024] ZAGPJHC 54 (26 January 2024)

The court found that the applicants failed to satisfy the stringent requirements for urgent eviction under section 5 of PIE. There was no evidence of imminent danger to persons or property, and the hardship to the owners did not exceed that to the occupiers, who would be rendered homeless. The reference to fires elsewhere was speculative and not directly linked to the properties in question. Additionally, the existence of pending eviction applications from 2011 between the same parties rendered the present application defective. The counterapplication for TEA was also dismissed as the City wa…

  • Urgent Eviction
  • Prevention Of Illegal Eviction Act
  • Temporary Emergency Accommodation
  • Counterapplication
  • Pending Litigation
  • Constitutional Right To Housing
Read case analysis
Civil Procedure [2021] ZAGPJHC 507

Van Den Heever N.O. and Another v Ally and Another (48084/2017)

Van Den Heever N.O. and Another v Ally and Another (48084/2017) [2021] ZAGPJHC 507 (29 January 2021)

The court found that the applicants were not remiss in failing to procure the transcript of the Nicolls J judgment earlier, given the procedural history and the late shift in the first respondent's arguments. The respondent's new contentions, raised in supplementary heads of argument, placed the interpretation of the Matojane order at the centre of the dispute, making the transcript relevant and necessary for a fair adjudication of the main application and counterapplication. The court held that it would be preferable for any court deciding the matter to have the transcript available. Regardi…

  • Postponement
  • Costs Order
  • Counterapplication
  • Interpretation Of Court Order
Read case analysis

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.