Mnguni v Lekalakala and Others (2016/38042) [2022] ZAGPJHC 118 (16 February 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2016/38042
Judge
Flatela
The High Court granted an eviction order under PIE, finding the first respondent was an unlawful occupier and ordering temporary accommodation for one year.
Drews and Another v Engelbrecht and Others (67012 / 2016) [2017] ZAGPPHC 1281 (7 December 2017)
Court
North Gauteng High Court, Pretoria
Case number
67012 / 2016
Judge
Holland-Muter
The High Court granted eviction under PIE after finding the lease had expired, the purchase offer was cancelled, and the respondents’ occupation became unlawful.
Phetla and Others v Tendaupenyu NO and Others (A582/2016) [2017] ZAGPPHC 219 (26 April 2017)
Court
North Gauteng High Court, Pretoria
Case number
A582/2016
Judges
TM Makgoka, WRC Prinsloo, D Molefe
The appeal succeeded because the court a quo erred in refusing to accept the appellants' answering affidavits and failed to consider the jurisdictional challenge and the requirements of a just and equitable eviction under PIE. The prior order did not bar the appellants in perpetuity from filing their affidavits, and the court retained discretion to condone late filing in the interests of justice. The court a quo's approach was procedurally and substantively flawed, as it ignored the appellants' representation and the constitutional implications of eviction. The punitive costs order was unjust…