HL Hall Properties (Pty) Ltd v Alliance Church and Others (6192/2024)
HL Hall Properties (Pty) Ltd v Alliance Church and Others (6192/2024) [2025] ZAMPMBHC 8; [2025] 2 All SA 451 (MM) (5 March 2025)
The court found that the respondents occupied the applicant's property unlawfully, having erected structures without municipal approval on land zoned for agriculture. The applicant's geotechnical report, which remained unchallenged, established that the soil is highly collapsible and compressible, posing imminent danger to the occupiers. The respondents failed to provide any expert evidence to refute this risk. The hardship to the applicant in rehabilitating the land and the risk to life and property outweighed the hardship to the respondents, who were mostly employed and not indigent. No oth…
Source excerpt
- Prevention Of Illegal Eviction Act
- Urgent Eviction
- Municipal Zoning
- Unlawful Occupation
- Hardship Balancing
- Soil Instability