South Africa Case Law

Bayer Trust v Bayer and Others (17673/2024)

Bayer Trust v Bayer and Others (17673/2024) [2024] ZAWCHC 404 (2 December 2024)

Court

Western Cape High Court, Cape Town

Case number

17673/2024

Judge

Lekhuleni

The court found that although a trust lacks legal personality and should ordinarily litigate through its trustees, the applicant's failure to cite the trustees by name was not fatal because the Letters of Authority attached to the founding affidavit identified all trustees and their authority. The court rejected the non-joinder argument, finding no evidence that the first respondent's children currently occupy the property or have a direct and substantial legal interest. Regarding lis pendens, the court held that the pending ownership action (case 21620/2014) raises genuine disputes of fact a…

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• Prevention Of Illegal Eviction Act
• Standing Of Trusts
• Joinder Of Parties
• Lis Pendens
• Right Of Habitatio
• Section 26 Constitution

Maree v Maree and Others (3457/2023)

Maree v Maree and Others (3457/2023) [2024] ZAFSHC 320 (17 October 2024)

Court

Free State High Court, Bloemfontein

Case number

3457/2023

Judge

Chesiwe

The High Court granted leave to appeal to the Full Bench over objections to a liquidation and distribution account and the enforceability of a habitatio claim.

• Maintenance Of Surviving Spouses
• Right Of Habitatio
• Leave To Appeal
• Liquidation And Distribution Account
• Leave-to-appeal
• Deceased-estate-administration

C.A.L v R.K.L (A3095/2022 ; 1462/21)

C.A.L v R.K.L (A3095/2022 ; 1462/21) [2023] ZAGPJHC 1054 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3095/2022 ; 1462/21

Judges

Moorcroft, Dodson

The court found that the appellant's right of habitatio over the property terminated in 2019, and she has been in unlawful occupation since then. Despite her age, health condition, and family responsibilities, the court determined that alternative accommodation is available for her and her dependents. The respondent, as owner, has borne the financial obligations for the property since 2001. The court held that the formal requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act were met and that the appellant's circumstances, while severe, do not justify inde…

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• Prevention Of Illegal Eviction Act
• Right Of Habitatio
• Just And Equitable Eviction
• Section 26 Constitution
• Condonation Of Late Filing
• Unlawful Occupation

Spangenberg and Others v Engelbrecht NO and Another (717/21)

Spangenberg and Others v Engelbrecht NO and Another (717/21) [2023] ZASCA 100 (14 June 2023)

Court

Supreme Court of Appeal

Case number

717/21

Judges

Petse, Mbatha, Matojane, Weiner, Mali

The Supreme Court of Appeal held that a will clearly granted habitatio over two plots, rejected extrinsic evidence, and dismissed the appeal with costs.

• Will Interpretation
• Right Of Habitatio
• Extrinsic Evidence
• Freedom Of Testation
• Will-interpretation
• Habitatio

Hendricks v Behardien N.O and Others (2872/2019)

Hendricks v Behardien N.O and Others (2872/2019) [2023] ZAWCHC 96 (26 April 2023)

Court

Western Cape High Court, Cape Town

Case number

2872/2019

Judge

Patrick

The court dismissed exceptions to a claim alleging misrepresentation about a promised habitatio and rejected a vagueness challenge to the particulars of claim.

• Misrepresentation
• Alienation Of Land Act
• Right Of Habitatio
• Exception Procedure
• Oral Contracts
• Exception-procedure

W.M.R v A.L.R and Others (12205/2022)

W.M.R v A.L.R and Others (12205/2022) [2023] ZAWCHC 107 (13 April 2023)

Court

Western Cape High Court, Cape Town

Case number

12205/2022

Judge

P. S. Van Zyl

High Court PIE eviction case confirming the applicant’s right in the property and ordering the respondents to vacate after their occupation became unlawful.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Right Of Habitatio
• Divorce Settlement Enforcement
• Alternative Accommodation
• Pie-eviction

Grobler v Phillips and Others (CCT 243/21)

Grobler v Phillips and Others (CCT 243/21) [2022] ZACC 32; 2023 (1) SA 321 (CC); 2024 (1) BCLR 115 (CC) (20 September 2022)

Court

Constitutional Court

Case number

CCT 243/21

Judges

Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

Constitutional Court eviction case under PIE, holding that the occupier’s preferences were not decisive and ordering suitable alternative accommodation.

• Prevention Of Illegal Eviction Act
• Eviction Proceedings
• Just And Equitable Remedy
• Right Of Habitatio
• Alternative Accommodation
• Section 26 Rights

Kotze v Scholefield & others

Kotze v Scholefield & others [2021] ZALCC 9 (4 May 2021)

Court

Land Claims Court

Case number

LCC200/2020

Judges

MIA, Meer

Land Claims Court remitted an ESTA eviction appeal for oral evidence on whether the respondent had a life right to occupy the farm.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Dispute Of Fact
• Oral Evidence
• Right Of Habitatio
• Extension-of-security-of-tenure-act

Engelbrecht N.O v Master of the High Court, Kimberly and Others (432/2020)

Engelbrecht N.O v Master of the High Court, Kimberly and Others (432/2020) [2021] ZANCHC 11 (8 January 2021)

Court

Northern Cape High Court, Kimberley

Case number

432/2020

Judge

Lever

The court found that clause B(i) of the will is clear and unambiguous, conferring a right of habitatio over both Plot 243 and Plot 741 to the second respondent until her death or remarriage. The opposing respondents failed to establish any ambiguity or latent ambiguity in the will, and their reliance on extrinsic evidence was rejected. The right of habitatio, as a personal servitude, includes the right to lease and sub-lease the properties and to receive rental proceeds. The applicant established the court's jurisdiction for declaratory relief, and the opposition did not succeed. Costs were a…

Source excerpt

• Interpretation Of Wills
• Personal Servitude
• Right Of Habitatio
• Declaratory Relief

Commissioner for the South African Revenue Service v Short and Another (A289/2017)

Commissioner for the South African Revenue Service v Short and Another (A289/2017) [2018] ZAWCHC 9; [2018] 2 All SA 100 (WCC); 2018 (3) SA 492 (WCC); 80 SATC 241 (7 February 2018)

Court

Western Cape High Court, Cape Town

Case number

A289/2017

Judges

A.G. Binns-Ward, B. Waglay, L. Nuku

The court held that the contract between the respondents and the seller constituted a single indivisible transaction for the acquisition of property, not two separate transactions. This conclusion was supported by the joint and several liability of the purchasers, the single purchase price, and the integrated nature of the rights acquired. The contract did not allocate separate considerations for the bare dominium and the right of habitatio, and the formalities required by the Alienation of Land Act would not be satisfied if the contract were treated as divisible. The court found that the sub…

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• Transfer Duty
• Bare Dominium
• Right Of Habitatio
• Alienation Of Land Act
• Contract Interpretation