South Africa Case Law

Mnyandu v Oliphant and Others (A202/2016)

Mnyandu v Oliphant and Others (A202/2016) [2017] ZAFSHC 61 (20 April 2017)

Court

Free State High Court, Bloemfontein

Case number

A202/2016

Judges

P Daffue, PJ Loubser

The appellant is the registered owner of the property by virtue of a valid Deed of Transfer, which was not set aside by any competent court. The Magistrate erred in questioning the validity of the title and in finding that the respondent had a lawful right to occupy the property by inheritance, as there was no valid sale or transfer to the respondent or his predecessors. The respondent's occupation is unlawful under PIE, and the requirements for eviction have been met. Considering the respondent's long occupation and family circumstances, a just and equitable period of two months is granted f…

Source excerpt

• Eviction
• Unlawful Occupation
• Deeds Registry Act
• Upgrading Of Land Tenure Rights
• Just And Equitable Requirement

Voges NO and Another v Molusi and Others (LCC 85/2010)

Voges NO and Another v Molusi and Others (LCC 85/2010) [2013] ZALCC 1 (18 January 2013)

Court

Land Claims Court

Case number

LCC 85/2010

Judge

Y Sidlova

The Land Claims Court granted an eviction under ESTA after finding the periodic leases were validly terminated on reasonable notice and the statutory requirements were met.

• Extension Of Security Of Tenure Act
• Eviction Of Occupiers
• Lease Termination
• Just And Equitable Requirement
• Notice Of Termination
• Eviction