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Malki's Investment Trust v Hashi and Others [2023] ZAGPPHC 270; 27673/2022 (6 April 2023)
The High Court dismissed an application for leave to appeal against an eviction order, finding no reasonable prospects of success and no special circumstances.
Steenkamp v Stuurman and Another (A77/2009) [2009] ZAFSHC 137 (27 November 2009)
The court held that the respondents, as registered owners of the property, were entitled to evict the appellant, who was in unlawful occupation. The appellant failed to discharge the onus under PIE to show relevant circumstances justifying her continued occupation. Her application to admit a replication affidavit was properly dismissed, as it was not substantively motivated and the facts should have been set out in her original affidavit. The magistrate correctly applied the law and could not entertain challenges to the validity of the title deed in the eviction proceedings; such challenges m…
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