Ubunye Co-operative Housing (Association incorporated under Section 21) v Mbele and 31 Others (2) (54/05/01)
Ubunye Co-operative Housing (Association incorporated under Section 21) v Mbele and 31 Others (2) (54/05/01) [2005] ZAKZHC 13 (22 September 2005)
The Full Bench held that the existing practice in the Natal Provincial Division for PIE eviction applications is inconsistent with the Supreme Court of Appeal's binding interpretation in Cape Killarney. The correct procedure requires that eviction proceedings be commenced by notice of motion in terms of Rule 6, with the section 4(2) PIE notice served only after all affidavits have been exchanged and the date of hearing determined. The practice of seeking a rule nisi or ex parte directions before exchange of affidavits is irregular. Modifications to local practice are necessary to ensure compl…
Source excerpt
- Prevention Of Illegal Eviction Act
- Eviction Procedure
- Notice Of Motion Requirements
- Urgent Application
- Court Practice Modification