Hardisty and Another v Noor and Others (6885/16)
Hardisty and Another v Noor and Others (6885/16) [2016] ZAWCHC 168 (24 October 2016)
The court found that the applicants improperly sought summary judgment for eviction under the PIE Act by adducing further evidence beyond the verifying affidavit, contrary to Rule 32(4). The inclusion of section 4(2) PIE Act papers constituted prohibited further evidence. The summary judgment procedure is not suitable for residential evictions under the PIE Act, which requires strict compliance with statutory notice and procedural safeguards. The application was therefore invalid and stood to be dismissed. The court also clarified that both action and application proceedings are permissible f…
Source excerpt
- Prevention Of Illegal Eviction Act
- Summary Judgment
- Ejectment
- Residential Eviction
- Rule 32 Procedure