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South Africa Case Law

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Land And Property [2025] ZAMPMBHC 13

Ludi v Meyer and Others (Reasons) (5356/2023)

Ludi v Meyer and Others (Reasons) (5356/2023) [2025] ZAMPMBHC 13 (24 January 2025)

Court
Mbombela High Court, Mpumalanga
Case number
5356/2023
Judge
Mangena

The court found that the founding affidavit was properly commissioned, as the commissioner was not an attorney and acted only in the course of her employment, in line with statutory regulations and case law. The applicant retained locus standi to institute eviction proceedings, as the cession to the bank only affected the right to claim rentals, not the right to evict unlawful occupiers. The respondents were not occupiers under ESTA, as they were residential tenants and the property was rated as residential, making PIE the applicable legislation. The respondents failed to establish a valid de…

Source excerpt

  • Eviction Proceedings
  • Commissioning Of Affidavits
  • Locus Standi
  • Pie Act
  • Esta Act
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Land And Property [2019] ZAGPJHC 274

Galloptic Trade and Investments 15 (Proprietary) Limited v Groenewald and Others (46699/18)

Galloptic Trade and Investments 15 (Proprietary) Limited v Groenewald and Others (46699/18) [2019] ZAGPJHC 274 (8 August 2019)

Court
South Gauteng High Court, Johannesburg
Case number
46699/18
Judge
Miltz

The court found that the applicant failed to discharge the onus of proving that the respondents are unlawful occupiers under PIE. The respondents' occupation was with the original permission, knowledge, and consent of the applicant, and the evidence presented by the respondents, including the agreement of sale and power of attorney, was not so far-fetched as to be rejected on the papers. Material disputes of fact existed regarding the nature and termination of the respondents' right to occupy, which could not be resolved in motion proceedings. The applicant did not provide sufficient evidence…

Source excerpt

  • Unlawful Occupation
  • Eviction Proceedings
  • Pie Act
  • Esta Act
  • Consent To Occupy
  • Specific Performance
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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.

Source links and collection timestamps are retained alongside the indexed records.