South Africa Case Law

Skiti v Skiti and Others (CA1/2023)

Skiti v Skiti and Others (CA1/2023) [2024] ZAECBHC 17 (9 July 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA1/2023

Judges

JGA Laing, S Dunywa

The court held that the appellant failed to meet the requirements of section 47(1) of the Magistrates’ Court Act 32 of 1944, as he did not file a counterclaim or claim in reconvention in the Magistrates’ Court. His answering affidavit and application to stay the eviction proceedings contained only unsubstantiated allegations and speculation, without any formal counterapplication or sufficient factual basis to demonstrate a prima facie reasonable prospect of success in the intended High Court proceedings. The Magistrates’ Court therefore lacked the jurisdiction to stay the eviction proceedings…

Source excerpt

• Stay Of Proceedings
• Counterclaim Jurisdiction
• Eviction
• Administration Of Estates
• Magistrates Court Act
• Title Deed Dispute

Dlamini v Chuene and Others (61528/2021)

Dlamini v Chuene and Others (61528/2021) [2024] ZAGPPHC 332 (15 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

61528/2021

Judge

Baqwa

The High Court granted an eviction order under PIE, finding the applicant was the registered owner and that the respondents’ occupation was unlawful.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Housing Act Restrictions
• Just And Equitable Eviction
• Title Deed Dispute
• Pie-eviction

Netshongolwe and Another v Netshongolwe and Others (32842/2019)

Netshongolwe and Another v Netshongolwe and Others (32842/2019) [2022] ZAGPJHC 52 (4 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

32842/2019

Judge

Tlhotlhalemaje

The High Court dismissed an eviction application under PIE, finding the respondents had a valid right to occupy the property under a later will.

• Prevention Of Illegal Eviction Act
• Lawful Occupation
• Title Deed Dispute
• Succession And Wills
• Prevention-of-illegal-eviction-act
• Unlawful-occupation

Rakau v Manqele and Another (36238/2007)

Rakau v Manqele and Another (36238/2007) [2008] ZAGPHC 60 (8 February 2008)

Court

High Courts - Gauteng

Case number

36238/2007

Judge

A.P. Ledwaba

The High Court dismissed an application to cancel a title deed, finding no proof of valid cancellation, fraud, or entitlement to transfer the property to the applicant.

• Cancellation Of Sale Agreement
• Transfer Of Property
• Title Deed Dispute
• Specific Performance
• Title-deed-dispute
• Cancellation-of-sale-agreement