The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
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The court considered an application for eviction. The plaintiff averred that the defendants were in unlawful occupation of the property and that there was no agreement, either oral or written, giving them permission to occupy the property. In addition, it was argued that they had no right or title in the property.
The defendants argued that the land in question was concession land and that the deed of transfer was not authentic. The court found that, based on the evidence led, the title deed in question had been prepared and registered by the Deeds Registry and was thus valid.
The court found that although the first defendant alleged that she was born and raised on the property at the time when the land was under a concession, she failed to produce any evidence to support this contention. Thus, without any proof, the court held that her point was moot and could not be accepted.
The court held that based on a balance of probabilities, the property in dispute was a privately held property, validly supported by an authentic title deed in favour of the plaintiff. Accordingly, the defendants could be evicted from the property in question.
This application set out the test for determining the validity of an eviction order.
The applicant opposed an eviction order made under the Farm Dwellers Act of 1983 on grounds that it was unlawful. The respondents disputed the court’s jurisdiction. However, the court held that it had the jurisdiction to hear the matter and noted that its jurisdiction was only ousted as a court of first instance
In granting the order to the applicant, the court cited Hoageys Handicraft (PTY) Ltd and Another/Rose Marshall Vilane where the requirements for a lawful eviction in Swaziland were set out.
First, there must be a judgment of a court with jurisdiction to grant an order for eviction. Secondly, there must be a valid, warrant directing the Sheriff to evict the respondent from the premises. Thirdly, there must be a valid appointment and authorisation of the deputy sheriff, for the express purpose of executing a warrant of ejectment or eviction. Lastly, the execution action must be conducted as authorised in the warrant of ejectment or eviction.
The court granted the application, with an order of costs.