Moodley v Moodley and Others (45879/2016)
Moodley v Moodley and Others (45879/2016) [2018] ZAGPJHC 713 (28 November 2018)
The court found that the respondents have proven the existence of an oral lease agreement and have consistently paid rent, which demonstrates their intention to be bound by its terms. The applicant failed to provide evidence of breach or repudiation of the lease agreement, and the alleged conduct was not shown to be a term of the agreement. The respondents' continued occupation is therefore lawful, and they cannot be regarded as unlawful occupiers. The applicant also failed to substantiate her claim of homelessness or her need for possession, and was found to have lied under oath regarding he…
Source excerpt
- Prevention Of Illegal Eviction Act
- Oral Lease Agreement
- Unlawful Occupation
- Homelessness Defence
- Costs Award
- Family Home Dispute