White Rock Property Trading (Pty) Limited v Khaka and Another (19602/16)
White Rock Property Trading (Pty) Limited v Khaka and Another (19602/16) [2017] ZAGPJHC 175 (7 June 2017)
The applicant was the registered owner of the property at the time of launching the second eviction application, establishing locus standi. The first respondent's occupation became unlawful upon transfer of ownership. The requirements of section 4 of the PIE Act were met, including proper service of notices. The supplementary affidavit was largely disallowed due to culpable remissness and lack of a proper explanation, except for paragraph 50 relating to personal circumstances. The court found no credible evidence that the first respondent would be rendered homeless or unable to secure alterna…
Source excerpt
- Prevention Of Illegal Eviction Act
- Eviction Of Former Mortgagor
- Locus Standi
- Unlawful Occupation
- Supplementary Affidavit Admission
- Attorney Client Costs