Fisher N.O and Another v Mwaba and Another (2020/ 25663)
Fisher N.O and Another v Mwaba and Another (2020/ 25663) [2021] ZAGPJHC 546 (11 October 2021)
The court found that the respondent was in unlawful occupation of the property. Even if the lease agreement was accepted as valid, the respondent repudiated it by failing to pay rental, and the liquidators accepted this repudiation. The lease agreement was deemed simulated and contrived to prolong unlawful occupation. The respondent provided no evidence of vulnerability or risk of homelessness, nor did he identify any other persons who would be affected by eviction. Applying section 4(7) and (8) of PIE and the Constitutional Court's guidance in Occupiers, Berea v De Wet NO, the court held tha…
Source excerpt
- Prevention Of Eviction From Unlawful Occupation Of Land Act
- Lease Agreement Validity
- Repudiation
- Just And Equitable Eviction