White Wall Trading (CC) and Another v Biyela and Others (090403/2023)
White Wall Trading (CC) and Another v Biyela and Others (090403/2023) [2024] ZAGPJHC 54 (26 January 2024)
The court found that the applicants failed to satisfy the stringent requirements for urgent eviction under section 5 of PIE. There was no evidence of imminent danger to persons or property, and the hardship to the owners did not exceed that to the occupiers, who would be rendered homeless. The reference to fires elsewhere was speculative and not directly linked to the properties in question. Additionally, the existence of pending eviction applications from 2011 between the same parties rendered the present application defective. The counterapplication for TEA was also dismissed as the City wa…
Source excerpt
- Urgent Eviction
- Prevention Of Illegal Eviction Act
- Temporary Emergency Accommodation
- Counterapplication
- Pending Litigation
- Constitutional Right To Housing