Absa Bank bpk v Murray and Another (8946/02)
Absa Bank bpk v Murray and Another (8946/02) [2003] ZAWCHC 48; 2004 (1) BCLR 10 (C); 2004 (2) SA 15 (C) (18 September 2003)
The court held that the provisions of PIE require a substantive enquiry into whether eviction is just and equitable, considering all relevant circumstances, including the rights and needs of the occupiers and the proprietary rights of the owner. The sale of the property by the mortgagee under the Insolvency Act was not a 'sale in execution' as contemplated by PIE, so the full range of relevant circumstances applied. The respondents’ circumstances, while sympathetic, did not justify overriding the owner’s right to possession, especially given the respondents’ ability to provide for themselves…
Source excerpt
- Prevention Of Illegal Eviction Act
- Eviction Proceedings
- Just And Equitable Standard
- Constitutional Property Rights
- Onus In Eviction
- Municipal Role In Eviction