South Africa Case Law

ABSA Bank Limited v Mahlaba & Others (3321/2021)

ABSA Bank Limited v Mahlaba & Others (3321/2021) [2022] ZAGPJHC 554 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

3321/2021

Judge

L R Adams

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.

Source excerpt

• Pie Act Eviction
• Unlawful Occupation
• Lien Defence
• Sale In Execution
• Motion Proceedings

Magadla and Another v Daniso and Others (43143/2013)

Magadla and Another v Daniso and Others (43143/2013) [2015] ZAGPJHC 158 (11 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

43143/2013

Judge

Mali AJ

The High Court dismissed a review of a magistrate’s eviction order, finding the Vereeniging court had jurisdiction and no gross irregularity or basis to set aside ownership issues.

• Pie Act Eviction
• Magistrates Court Jurisdiction
• Review Of Inferior Court
• Ownership Dispute
• Fraudulent Transfer Allegation
• Pie-act-eviction