Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Spangenberg and Others v Engelbrecht NO and Another (717/21) [2023] ZASCA 100 (14 June 2023)
The Supreme Court of Appeal held that a will clearly granted habitatio over two plots, rejected extrinsic evidence, and dismissed the appeal with costs.
Grobler v Phillips and Others (CCT 243/21) [2022] ZACC 32; 2023 (1) SA 321 (CC); 2024 (1) BCLR 115 (CC) (20 September 2022)
Constitutional Court eviction case under PIE, holding that the occupier’s preferences were not decisive and ordering suitable alternative accommodation.
Mason v Swanepoel (4505/2013) [2021] ZAFSHC 147 (2 June 2021)
The High Court awarded restoration damages under a habitatio agreement, finding the plaintiff proved reasonable renovation costs, but refused a project management fee.
Kotze v Scholefield & others [2021] ZALCC 9 (4 May 2021)
Land Claims Court remitted an ESTA eviction appeal for oral evidence on whether the respondent had a life right to occupy the farm.
Engelbrecht N.O v Spangenberg and Others (1105/19) [2019] ZANCHC 53 (4 October 2019)
The court granted urgent interdictory relief protecting estate assets and rental income, holding that an executor must control and deposit estate monies under section 28.
Jordan v Lowery (2249/2010) [2011] ZAECPEHC 17 (12 May 2011)
The court found that the respondent's right to occupy the property did not derive from habitatio but from her status as a non-paying tenant, as expressly stated in the addendum to the Deed of Sale. The respondent accepted the terms and conditions of the addendum, which clarified that no right of habitatio would be registered and that she would be regarded as a non-paying tenant with all associated rights and obligations. The respondent breached the agreement by failing to pay electricity charges and engaging in conduct inconsistent with tenancy, justifying the applicant's cancellation of the…
Source excerpt
Van Rensburg and Another v Koekemoer and Others (2006/28207) [2010] ZAGPJHC 91; 2011 (1) SA 118 (GSJ) (11 October 2010)
The court held that an oral agreement granting a personal servitude of habitatio over immovable property is unenforceable as it contravenes the writing requirements of section 2(1) of the Alienation of Land Act 68 of 1981. The applicants' reliance on an oral agreement, whether interpreted as a servitude or as a donation of a right of residence, fails to meet the statutory formalities and is thus of no force or effect. The proposed amendment to the particulars of claim does not cure this defect, as it remains reliant on the oral agreement. The exception to the amended particulars of claim is a…
Source excerpt
Kidson and Another v Jimspeed Enterprises CC and Others (38574/08) [2009] ZAGPPHC 30 (20 April 2009)
The court held that a registered habitatio did not lapse when the dwelling was destroyed, and the holders could rebuild or use alternative accommodation.
Explore more
