South Africa Case Law

Van Heerden v Magaga and Others (LCC48R/2007)

Van Heerden v Magaga and Others (LCC48R/2007) [2007] ZALCC 13 (11 July 2007)

Court

Land Claims Court

Case number

LCC48R/2007

Judge

T Ncube

The Land Claims Court found that the magistrate failed to properly apply his mind to the facts and did not consider all relevant circumstances as required by section 26(3) of the Constitution. The applicant did not prove that the respondents were not dependants of the late Menzi, nor did he establish that the requirements of section 15(1)(a)-(d) of the Extension of Security of Tenure Act were met. The evidence did not support the allegations of damage or imminent danger, and the hardship to the respondents, including a minor child, outweighed any hardship to the applicant. No adequate arrange…

Source excerpt

• Extension Of Security Of Tenure Act
• Urgent Eviction Application
• Constitutional Right To Housing
• Balance Of Hardship
• Oral Evidence Dispute
• Restoration Of Occupation

Goudini Chrome (Pty) Ltd. v MCC Contracts (Pty) Ltd. (249/91)

Goudini Chrome (Pty) Ltd. v MCC Contracts (Pty) Ltd. (249/91) [1992] ZASCA 186; 1993 (1) SA 77 (AD); [1993] 1 All SA 259 (A) (28 September 1992)

Court

Supreme Court of Appeal

Case number

249/91

Judges

Hoexter, Nestadt, Eksteen, Nienaber, Nicholas

The court upheld an eviction order after finding the appellant proved ownership and the respondent lost any debtor-and-creditor lien by ceding its payment claim to a bank.

• Rei Vindicatio
• Debtor And Creditor Lien
• Proof Of Ownership
• Cession Of Claims
• Urgent Eviction Application
• Rei-vindicatio