Du Plessis v Benson and Others (9982/2018)
Du Plessis v Benson and Others (9982/2018) [2021] ZAGPJHC 576 (20 October 2021)
The court held that the respondents failed to demonstrate a reasonable prospect that another court would reach a different conclusion regarding their eviction from Erf 70 Montclare Township. The pending application for leave to appeal before another judge did not constitute lis pendens sufficient to justify granting leave, especially given the respondents' failure to prosecute that application timeously. The court found that the reference to 8 Clement Street was irrelevant, as the title deed and sale in execution clearly pertained to Erf 70 Montclare Township. The court emphasized the need fo…
Source excerpt
- Leave To Appeal
- Eviction
- Lis Pendens
- Dilatory Tactics
- Finality Of Litigation