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South Africa decisions
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Di Trapani v WU (14359/2022) [2025] ZAGPJHC 634 (25 June 2025)
High Court judgment on tenant arrears, a disputed right of first refusal, and claims for compensation for improvements to leased property.
Passano v Erasmus (A163/2023) [2025] ZAGPPHC 249 (12 March 2025)
The High Court held that the respondent’s enrichment lien over improvements to a house on the property was a real right and a lawful defence to eviction.
Harrison v Hattingh (4151/2022) [2024] ZAECMKHC 75 (25 June 2024)
The court found that the sale agreement was unenforceable due to the statutory prohibition on subdivision of agricultural land without ministerial consent. The lease agreement was valid, and the plaintiff paid R157,500 in terms of the lease, but only R136,000 was due as rental for the period of occupation. The plaintiff was entitled to repayment of the excess R21,500, including the deposit. Regarding improvements, the plaintiff incurred necessary expenses to make the property accessible and habitable, and the defendant was enriched at her expense without legal cause. The plaintiff was entitle…
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Arbeidskroon Boerdery (Pty) Ltd v Mkwanazi and Others (LCC15/2021) [2021] ZALCC 16 (4 August 2021)
The Land Claims Court granted leave to appeal over whether an ESTA occupier needed consent to rebuild a house within a demarcated portion of a farm.
Thomas v Davids (2014/23478) [2017] ZAGPJHC 223 (3 August 2017)
The court found that the probabilities favoured the defendant's version. It was inherently improbable that a formal oral agreement with detailed terms would have been concluded between a father and daughter in a family context. The plaintiff's version was undermined by factual inaccuracies, such as the claim that the main house would be rented out, which was contradicted by evidence. The affidavit relied upon by the plaintiff did not support his interpretation and was equally compatible with the defendant's version. The defendant's understanding that the plaintiff would recoup his expenses th…
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Venter and Another v Minister van Openbare Werke and Others (72319/2012) [2016] ZAGPPHC 1001 (27 October 2016)
The court found that the second plaintiff was a bona fide possessor who occupied the property with the intention of becoming its owner, as evidenced by the written agreement with the first plaintiff and the absence of any lease agreement with the defendants. The principle established in Rademeyer and Others v Rademeyer and Others was applied, holding that the value of occupation is not to be deducted from the compensation for improvements effected by a bona fide possessor. The defendants' reliance on Pheiffer v Van Wyk and Others was misplaced, as that case did not address the deduction of re…
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Forster v Phambili Group CC and Others (35997 / 14) [2015] ZAGPPHC 455 (9 July 2015)
High Court eviction matter where the lease had expired, a claimed sale fell through, and the respondents’ improvement claim did not bar eviction.
Transnet Limited v National Pride Trading 39 (Pty) Limited (4208/2008) [2008] ZAKZHC 103 (26 September 2008)
Eviction application delayed; only the enrichment-lien dispute over improvements was referred to oral evidence, with interim occupation payments ordered.
Hoffman v Lee (4086/06) [2008] ZAGPHC 307 (22 August 2008)
The High Court found that the plaintiff proved an oral agreement entitling him to R385,000 for improvements to property and granted judgment with interest and costs.
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