Msomi v Train NO and Others (LCC 95/2009)
Msomi v Train NO and Others (LCC 95/2009) [2010] ZALCC 32 (10 December 2010)
The court found that the plaintiff satisfied all three paragraphs of the definition of a labour tenant under the Act. The plaintiff resides on the farm, has or had the right to crop and graze, and these rights were exercised in exchange for labour provided to the landowner. The evidence showed that the monetary payments received by the plaintiff and his father were insufficient for survival, and the rights to crop and graze were granted as part of the consideration for their labour. The court considered the totality of the relationship, the agreements, and the probabilities, noting the unequa…
Source excerpt
- Labour Tenancy
- Land Reform Labour Tenants Act
- Definition Of Labour Tenant
- Onus Of Proof
- Rights To Crop And Graze
- Family Connection To Land