Mpisi v Trebble (338/92)
Mpisi v Trebble (338/92) [1993] ZASCA 192; 1994 (2) SA 136 (AD); [1994] 2 All SA 142 (A) (30 November 1993)
The Supreme Court of Appeal held that the respondent's statutory authority under section 3B(1)(a) of the Prevention of Illegal Squatting Act extended only to the demolition of the shack in the sense of pulling or tearing it down, not to the burning and destruction of its materials. The court found that the shack was a movable structure belonging to the appellant, based on its temporary nature, the ease of demolition and re-erection, and the lack of intention for permanence. The appellant's evidence regarding the value of the materials was unchallenged and accepted as the best available. The c…
Source excerpt
- Prevention Of Illegal Squatting Act
- Statutory Interpretation
- Movable Vs Immovable Property
- Damages Assessment