CUF Properties (Pty) Ltd v Mthimkulu and Others (2011/53946)
CUF Properties (Pty) Ltd v Mthimkulu and Others (2011/53946) [2018] ZAGPPHC 491 (23 April 2018)
The applicant proved lawful ownership of the property by producing the original deed of transfer and supporting documentation. The respondents failed to provide any evidence of fraud or irregularity in the transfer, nor did they take steps to challenge the transfer over several years. The court found the applicant to be the lawful owner. However, the information before the court regarding the personal circumstances of the respondents was insufficient to determine whether eviction would be just and equitable under sections 4(6) and 4(7) of the PIE Act. The court emphasized the positive duty on…
Source excerpt
- Eviction
- Pie Act Compliance
- Ownership Proof
- Just And Equitable
- Public Documents Evidence