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South Africa Case Law

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Land And Property [2022] ZAGPJHC 118

Mnguni v Lekalakala and Others (2016/38042)

Mnguni v Lekalakala and Others (2016/38042) [2022] ZAGPJHC 118 (16 February 2022)

The High Court granted an eviction order under PIE, finding the first respondent was an unlawful occupier and ordering temporary accommodation for one year.

  • Prevention Of Unlawful Eviction Act
  • Unlawful Occupation
  • Succession And Wills
  • Just And Equitable Eviction
  • Prevention-of-unlawful-eviction-act
  • Unlawful-occupation
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Land And Property [2017] ZAGPPHC 1281

Drews and Another v Engelbrecht and Others (67012 / 2016)

Drews and Another v Engelbrecht and Others (67012 / 2016) [2017] ZAGPPHC 1281 (7 December 2017)

The High Court granted eviction under PIE after finding the lease had expired, the purchase offer was cancelled, and the respondents’ occupation became unlawful.

  • Prevention Of Unlawful Eviction Act
  • Lease Agreement Termination
  • Occupational Rent
  • Enrichment Lien
  • Consumer Protection Act
  • Eviction Procedure
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Land And Property [2017] ZAGPPHC 219

Phetla and Others v Tendaupenyu NO and Others (A582/2016)

Phetla and Others v Tendaupenyu NO and Others (A582/2016) [2017] ZAGPPHC 219 (26 April 2017)

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…

  • Prevention Of Unlawful Eviction Act
  • Jurisdiction Of Land Claims Court
  • Just And Equitable Eviction
  • Condonation For Late Filing
  • Punitive Costs
  • Constitutional Rights In Eviction
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.