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South Africa Case Law

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Land And Property [2023] ZAKZDHC 42

Perumal v Songca and Others (D3715/2021)

Perumal v Songca and Others (D3715/2021) [2023] ZAKZDHC 42 (17 July 2023)

The High Court granted an eviction order under PIE, finding the applicant was the registered owner and the second respondent had no enforceable right to remain.

  • Eviction
  • Prevention Of Illegal Eviction Act
  • Sale In Execution
  • Ownership
  • Title Deed Evidence
  • Pie-act
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Land And Property [2022] ZAFSHC 146

TACHMO CC v Mphuti N and Another (A39/2020)

TACHMO CC v Mphuti N and Another (A39/2020) [2022] ZAFSHC 146 (31 May 2022)

The High Court upheld an appeal in a PIE eviction dispute, found the appellant proved ownership, and granted eviction with a six-month period to vacate.

  • Prevention Of Illegal Eviction Act
  • Proof Of Ownership
  • Just And Equitable Eviction
  • Title Deed Evidence
  • Alternative Accommodation
  • Constitutional Property Rights
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Land And Property [2019] ZAFSHC 27

Molatedi and Another v Lempe and Others (4236/2018)

Molatedi and Another v Lempe and Others (4236/2018) [2019] ZAFSHC 27 (14 March 2019)

The applicants proved ownership of the property through a registered title deed. The respondents failed to establish a valid defence to the eviction, as their alleged allocation and deed of sale from the municipality did not constitute legal title. The court found that all procedural requirements under the PIE Act were met, including proper notice and engagement with the municipality. The municipality offered alternative accommodation, and the eviction would not render the respondents homeless. The court exercised its discretion, finding it just and equitable to grant the eviction order, with…

  • Prevention Of Illegal Eviction Act
  • Unlawful Occupation
  • Title Deed Evidence
  • Just And Equitable Eviction
  • Municipal Alternative Accommodation
  • Commissioner Of Oaths Compliance
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Land And Property [2017] ZAGPJHC 146

Dwele v Phalatse and Others (11112/15)

Dwele v Phalatse and Others (11112/15) [2017] ZAGPJHC 146 (7 June 2017)

The High Court granted an eviction order under PIE after finding the applicant proved ownership, the respondents were unlawful occupiers, and eviction was just and equitable.

  • Prevention Of Illegal Eviction Act
  • Proof Of Ownership
  • Eviction Procedure
  • Just And Equitable Eviction
  • Motion Proceedings
  • Title Deed Evidence
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Land And Property [2016] ZAGPPHC 1094

Jhinabhai v Jhinabhai and Another (75807/2013)

Jhinabhai v Jhinabhai and Another (75807/2013) [2016] ZAGPPHC 1094 (3 November 2016)

The High Court granted an eviction order against a former spouse, finding the applicant was the sole owner and the respondent had no valid defence under PIE.

  • Prevention Of Illegal Eviction Act
  • Eviction Order
  • Just And Equitable Relief
  • Ownership Dispute
  • Elderly Occupier
  • Title Deed Evidence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.