Show simple item record

dc.date.accessioned 2017-04-08T17:18:02Z
dc.date.available 2017-04-08T17:18:02Z
dc.date.created 2014-10-03 en
dc.identifier.citation [2014] ZACC 29
dc.identifier.citation 2015 (1) SA 54 (CC)
dc.identifier.citation 2014 (12) BCLR 1421 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3768
dc.title MC Denneboom Service Station CC and Another v Phayane en
dc.title.alternative CCT71/14 en
dc.identifier.casenumber CCT71/14 en
dc.contributor.judge Khampepe J
dc.date.judgment 3 October 2014
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3768/Full%20judgment%20Official%20version%20%28112%20Kb%29-22368.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Act must be complied with before eviction of residential occupants can be ordered Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Act does not apply to eviction of juristic persons or persons not using property as a form of dwelling or shelter. Application for leave to appeal against an order of the High Court evicting the applicants from immovable property registered in the name of the respondent. The property was being used as a service station and convenience store but also had residential occupants. The Court held that the respondent could not evict the residential occupant, as he had not complied with the requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE). The eviction of the non residential occupants, however, including the service station and all those who worked for it, was upheld because PIE was not applicable. The order of the High Court was therefore amended to exclude the residential occupant, in that capacity, plus all other residential occupants. The Court also confirmed that a High Court is at liberty to grant a party leave to amend pleadings at any stage before judgment. Judgment: Khampepe J (unanimous).
dc.concourt.casehistory Application for leave to appeal against a judgment of the Pretoria High Court: Phayane v MC Denneboom Services Station CC and Another (51724/2012) [2013] ZAGPPHC 363 (28 November 2013).


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account