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South Africa Case Law

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Land And Property [2019] ZAECMHC 6

Department of Rural Development Land Reform and Another v Ntsadu and Others (3771/2018)

Department of Rural Development Land Reform and Another v Ntsadu and Others (3771/2018) [2019] ZAECMHC 6 (26 February 2019)

The court dismissed preliminary objections to an urgent interdict concerning occupation of State land, holding that the applicants had locus standi.

  • Locus Standi
  • State Land Management
  • Deeds Registries Act
  • Upgrading Of Land Tenure Rights
  • Points In Limine
  • Locus-standi
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Land And Property [2017] ZAFSHC 61

Mnyandu v Oliphant and Others (A202/2016)

Mnyandu v Oliphant and Others (A202/2016) [2017] ZAFSHC 61 (20 April 2017)

The appellant is the registered owner of the property by virtue of a valid Deed of Transfer, which was not set aside by any competent court. The Magistrate erred in questioning the validity of the title and in finding that the respondent had a lawful right to occupy the property by inheritance, as there was no valid sale or transfer to the respondent or his predecessors. The respondent's occupation is unlawful under PIE, and the requirements for eviction have been met. Considering the respondent's long occupation and family circumstances, a just and equitable period of two months is granted f…

  • Eviction
  • Unlawful Occupation
  • Deeds Registry Act
  • Upgrading Of Land Tenure Rights
  • Just And Equitable Requirement
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