N.M and Another v Mnyameni and Others (3892/2019)
N.M and Another v Mnyameni and Others (3892/2019) [2020] ZAFSHC 201 (31 July 2020)
The court found that, given the pending action under case number 1112/2020 challenging the applicants' ownership and alleging fraud, it would not be just and equitable to grant an eviction order at this stage. The PIE Act and Constitution require consideration of all relevant circumstances, including the interests of the occupier and the unresolved ownership dispute. The parties agreed to have the matter decided on the papers, and the court determined that postponement was appropriate to avoid prejudicing the first respondent before the main case is finalised. Dismissing the application outri…
Source excerpt
- Prevention Of Illegal Eviction Act
- Eviction Proceedings
- Just And Equitable Standard
- Section 26 Constitution
- Ownership Dispute
- Pending Action Stay