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South Africa Case Law

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Land And Property [2024] ZAGPJHC 353

Schoeman and Another v Mavundla and Another (10057/2021)

Schoeman and Another v Mavundla and Another (10057/2021) [2024] ZAGPJHC 353 (10 April 2024)

Eviction under PIE was dismissed because the court found no proof that lawful occupation had been terminated, and the matter was also treated as moot.

  • Prevention Of Illegal Eviction Act
  • Lawful Occupation
  • Alienation Of Land Act
  • Mootness
  • Non Joinder
  • Unlawful Occupier
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Civil Procedure [2024] ZAGPPHC 265

Msimang and Others v Kingston and Others (Leave to Appeal) (13623/2022)

Msimang and Others v Kingston and Others (Leave to Appeal) (13623/2022) [2024] ZAGPPHC 265 (26 March 2024)

The High Court dismissed condonation for a late leave-to-appeal application, finding no reasonable explanation for the delay and no reasonable prospects of success.

  • Condonation For Late Filing
  • Eviction Proceedings
  • Locus Standi
  • Lawful Occupation
  • Joint Venture Property
  • Rule 41a Non Compliance
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Land And Property [2023] ZAGPPHC 583

Passano v Erasmus (82775/2015)

Passano v Erasmus (82775/2015) [2023] ZAGPPHC 583 (16 January 2023)

The High Court held that the defendant’s occupation was lawful because she had a retention lien for improvements, and dismissed both claims with no costs order.

  • Improvement Lien
  • Enrichment Claim
  • Lawful Occupation
  • Retention Right
  • Compensation For Improvements
  • Improvement-lien
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Land And Property [2022] ZAGPJHC 52

Netshongolwe and Another v Netshongolwe and Others (32842/2019)

Netshongolwe and Another v Netshongolwe and Others (32842/2019) [2022] ZAGPJHC 52 (4 February 2022)

The High Court dismissed an eviction application under PIE, finding the respondents had a valid right to occupy the property under a later will.

  • Prevention Of Illegal Eviction Act
  • Lawful Occupation
  • Title Deed Dispute
  • Succession And Wills
  • Prevention-of-illegal-eviction-act
  • Unlawful-occupation
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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.