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South Africa decisions
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ABSA Bank Limited v Mahlaba and Others (3321/2021) [2022] ZAGPJHC 988 (24 November 2022)
The High Court dismissed leave to appeal against an eviction order, holding the respondents showed no reasonable prospects of success.
City Of Ekurhuleni Metropolitan Municipality v Chief Albert Luthuli Adhoc Committee and Others (8433/2020) [2022] ZAGPJHC 898 (18 October 2022)
The High Court granted the municipality an eviction order against unlawful occupiers of RDP houses, rejecting defences based on tacit consent and lien.
ABSA Bank Limited v Mahlaba & Others (3321/2021) [2022] ZAGPJHC 554 (16 August 2022)
The court found that the applicant is the registered owner of the property and that the respondents are unlawful occupiers. The alleged agreement regarding compensation for improvements was not supported by the evidence and amounted at best to an unenforceable agreement to agree. The respondents failed to establish a valid lien, as no supporting evidence was provided. Applying the Plascon-Evans rule, the respondents' version was rejected as far-fetched and untenable. The applicant was entitled to an eviction order under the PIE Act, and costs were awarded against the respondents.
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Plit v Grimbeek (9985/2021) [2022] ZAGPJHC 370 (31 May 2022)
The High Court held that the respondent planted a crop without consent and would have failed on the merits; the application had become moot, but costs were awarded to the applicant.
R.J Motors CC t/a V.W Audi Clinic v Jennings and Others (2931/2021) [2022] ZAECMHC 7 (21 April 2022)
The court found that the applicant was in peaceful and undisturbed possession of the premises until it was unlawfully dispossessed by the respondents, who prevented access and threatened violence. The respondents' claim of a lien was rejected due to the absence of a contractual relationship with the applicant. The respondents' conduct amounted to self-help, which spoliation law seeks to prevent. The applicant satisfied the requirements for both a mandament van spolie and a final interdict, as its right to possession and access was clear, the injury was committed, and no alternative remedy was…
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Fausto v Haotian and Others (18/44242) [2021] ZAGPJHC 419 (8 September 2021)
High Court eviction case: the lease was cancelled for non-payment, and the respondents’ claimed lien for improvements failed. Eviction and costs were ordered.
Tshabalala v Moletsane and Another (A3101/2019) [2021] ZAGPJHC 365 (2 June 2021)
The High Court upheld an eviction appeal, found the respondent to be an unlawful occupier, refused postponement, and granted condonation for the late appeal.
Mokwana and Others v Fakude (17861/2013) [2015] ZAGPPHC 503 (5 June 2015)
The applicants, as trustees of the Mokwana Family Trust, are the registered owners of the property and have complied with all procedural requirements under section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The respondent's request for postponement was refused due to lack of sufficient grounds and prejudice to the applicants. The respondent's defences were found to be without merit: the lis pendens defence failed as the previous Magistrates' Court application was withdrawn; the challenge to the transfer of the property was unsupported by evidence of p…
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