South Africa Case Law

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025)

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

111146/2025

Judge

Ferreira AJ

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia…

Source excerpt

• Eviction Order
• Interim Interdict
• Spoliation
• Ownership Registration
• Company Deregistration

Motaung v Phahlane and Others (053812/2022)

Motaung v Phahlane and Others (053812/2022) [2025] ZAGPJHC 384 (7 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

053812/2022

Judge

Nharmuravate

The High Court dismissed an application to cancel a title deed and refer an ownership inquiry, holding that the applicant lacked locus standi because an existing eviction order remained binding.

• Unlawful Occupation
• Eviction Order
• Locus Standi
• Title Deed Cancellation
• Locus-standi
• Eviction-order

Le Roux N.O and Others v J.J.B and Others (10535/24)

Le Roux N.O and Others v J.J.B and Others (10535/24) [2025] ZAWCHC 118 (17 March 2025)

Court

Western Cape High Court, Cape Town

Case number

10535/24

Judge

Thulare

The High Court granted an eviction order after finding the respondents were unlawful occupiers whose lease had been validly cancelled.

• Unlawful Occupation
• Eviction Order
• Rental Housing Act
• Prevention Of Illegal Eviction Act
• Eviction
• Unlawful-occupation

Jumar v Sheriff Pretoria South West and Others (Leave to Appeal) (2024-095168)

Jumar v Sheriff Pretoria South West and Others (Leave to Appeal) (2024-095168) [2024] ZAGPPHC 1306 (12 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-095168

Judge

K La M Manamela

The High Court dismissed an application for leave to appeal against an urgent interdict order, finding no reasonable prospects of success or compelling reason.

• Leave To Appeal
• Urgent Interdict
• Eviction Order
• Adducing Further Evidence
• Prospects Of Success
• Municipal Arrears

Infusion Social Club Camps Bay (Pty) Limited v Camps Bay Investment Trust (Pty) Limited and Another (20608/2024)

Infusion Social Club Camps Bay (Pty) Limited v Camps Bay Investment Trust (Pty) Limited and Another (20608/2024) [2024] ZAWCHC 288 (30 September 2024)

Court

Western Cape High Court, Cape Town

Case number

20608/2024

Judge

Gordon-Turner

The court found that the respondent's execution of the eviction order was unlawful in the circumstances, as it was calculated to frustrate the applicant's right to petition for leave to appeal to the Supreme Court of Appeal. The eviction order had provided a reasonable period for the applicant to exercise its appeal rights, and the refusal of leave to appeal did not authorise immediate ejectment. The respondent's conduct was designed to create a fait accompli and undermine the protections afforded by section 18(1) of the Superior Courts Act. The applicant established a well-grounded apprehens…

Source excerpt

• Stay Of Execution
• Eviction Order
• Interim Interdict
• Section 18 Superior Courts Act
• Lease Cancellation

Pheto v Phahlane and Others (2024-024491)

Pheto v Phahlane and Others (2024-024491) [2024] ZAGPPHC 941 (17 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-024491

Judge

Scheepers

The applicant, as the registered owner, is entitled to occupation of the property. The second respondent and her children have no legal right to remain in occupation, and their continued presence is unlawful. The court considered all relevant circumstances, including the impact on minor children and the lack of evidence of indigence or basic housing need. The second respondent failed to provide sufficient information or take steps to secure maintenance or alternative accommodation. The applicant's hardship and inability to enjoy his property outweigh the second respondent's claims. The court…

Source excerpt

• Prevention Of Illegal Eviction Act
• Eviction Order
• Occupational Rent
• Maintenance Obligations
• Costs Award

Mthethwa and Others v Mailula (Leave to Appeal) (29560/21)

Mthethwa and Others v Mailula (Leave to Appeal) (29560/21) [2024] ZAGPPHC 712 (15 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

29560/21

Judge

BF Mnyovu

The High Court refused leave to appeal against a declaratory order, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal
• Declaratory Relief
• Ownership Dispute
• Eviction Order
• Section 21 Superior Courts Act
• Leave-to-appeal

Moemedi Enterprises (Pty) Ltd and All Occupiers of ERF 21 Bloemdal Small Holdings, District Bloemfontein, Free State Province, Mangaung Metropolitan Municipality v Hartzenberg N.O and Another (4374/2023)

Moemedi Enterprises (Pty) Ltd and All Occupiers of ERF 21 Bloemdal Small Holdings, District Bloemfontein, Free State Province, Mangaung Metropolitan Municipality v Hartzenberg N.O and Another (4374/2023) [2024] ZAFSHC 178 (31 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4374/2023

Judge

Majosi O.R

The High Court dismissed an application to rescind a default eviction order, finding no proper explanation for default, no locus standi, and no bona fide defence.

• Rescission Of Judgment
• Eviction Order
• Locus Standi
• Liquidation
• Rule 31
• Rule 42

Arcelormittal South Africa Ltd v Natanz Steel Melting PJS and Others (032659/2023)

Arcelormittal South Africa Ltd v Natanz Steel Melting PJS and Others (032659/2023) [2024] ZAGPPHC 557 (26 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

032659/2023

Judge

Holland-Muter

The High Court granted an eviction order for Arcelormittal’s Pretoria property, suspended it pending related litigation, and clarified the vacating deadline.

• Eviction Order
• Possession Of Property
• Clarification Of Order
• Costs Award
• Eviction-order
• Clarification-of-order

Glowing Rooms (Pty) Ltd v Levin N O and Others (468/2023)

Glowing Rooms (Pty) Ltd v Levin N O and Others (468/2023) [2024] ZASCA 33 (28 March 2024)

Court

Supreme Court of Appeal

Case number

468/2023

Judges

Nicholls, Mbatha, Mabindla-Boqwana, Weiner, Kgoele

The Supreme Court of Appeal held that the respondents, as trustees of The Woodlands Trust, were entitled to rely on clause 2.1 of the lease agreement to terminate the lease on one month's notice. The Trust's initial denial of the existence of a lease in the first eviction application was rendered moot by the high court's finding that a lease existed, and the Trust's subsequent conduct in issuing a termination notice was consistent with the lease terms. The notice of termination was clear and unambiguous, and did not amount to repudiation. The court rejected Glowing Rooms' argument that public…

Source excerpt

• Lease Termination
• Repudiation
• Public Policy In Contract
• Specific Performance
• Constitutional Values In Contract
• Eviction Order