Grobler v Phillips and Others (446/2020) [2021] ZASCA 100 (14 July 2021)

Flynote

Prevention of Illegal Eviction and Unlawful Occupation of
Land Act 19 of 1998 – relationship with Extension of Security of Tenure of
Land Act 62 of 1997 – onus to establish that evictee is an unlawful occupier
– oral right to reside on property for life conferred by previous owner not
constituting habitatio – right of occupation terminated – occupier aged widow
living with disabled son – not just and equitable to grant an eviction order –
appeal dismissed


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