Moller and Others v Nhatladisha and Others (LCC06/07)
Moller and Others v Nhatladisha and Others (LCC06/07) [2008] ZALCC 11 (4 June 2008)
The court found, on the balance of probabilities and credibility of witnesses, that the respondents were not residing in the road camp at the time the first applicant acquired the property in March 1999. Their occupation commenced later and was dependent on the employment of the first and third respondents, with explicit contractual terms limiting residence to the duration of employment. The second and fourth respondents, as family members, did not acquire independent rights of occupation under ESTA. Upon termination of employment, all rights of residence ceased. The applicants complied with…
Source excerpt
- Extension Of Security Of Tenure Act
- Eviction Of Occupiers
- Right Of Residence
- Family Membership Rights
- Just And Equitable Eviction
- Property Rights Vs Occupier Rights