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South Africa Case Law

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Land And Property [2023] ZAGPJHC 721

Moodley and Another v Dira and Others (9780/2022)

Moodley and Another v Dira and Others (9780/2022) [2023] ZAGPJHC 721 (22 June 2023)

The High Court granted an eviction order. The occupiers failed to show a valid enrichment lien or sufficient grounds to delay eviction on equitable or homelessness grounds.

  • Eviction
  • Unlawful Occupation
  • Enrichment Lien
  • Just And Equitable Order
  • Homelessness Defence
  • Unlawful-occupation
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Land And Property [2018] ZAGPJHC 713

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…

  • Prevention Of Illegal Eviction Act
  • Oral Lease Agreement
  • Unlawful Occupation
  • Homelessness Defence
  • Costs Award
  • Family Home Dispute
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.