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Court distinguishes this case on the facts where the LCC set aside the magistrate's eviction order and substituted it with an order dismissing the eviction…
Applied to explain the distinction between appeal and review, that appeal addresses the result whereas review addresses the procedure by which the result was…
Court distinguishes this case on the facts, noting that the LCC referred the matter back to the magistrate who issued a fresh eviction order that was appealed…
Applied to support the proposition that this court's jurisdiction is determined by the Constitution and statute and it cannot assume jurisdiction not conferred…
Court applies the principle that termination of right of residence under s 8 of ESTA must be both just and equitable and must be shown in addition to…
Applied to establish that the LCC cannot decide an appeal on an order it had already reviewed.
Applied to support the requirement that an occupier must be granted an effective opportunity to make representations before termination of residence.
Court applies Snyders to find that termination of employment does not automatically terminate a separate right of residence; a distinct decision is required.
Applied to support the conclusion that in the absence of properly granted leave to appeal, this court has no jurisdiction to entertain the matter.
Applied to emphasize that although there may be a fine line between review and appeal, the clear line between them must be maintained.
Cited to emphasize that the distinction between review and appeal must not be blurred.
Applied for the principle that the owner of land must terminate the person's right of residence first before seeking an order to evict, and that termination of…
Cited to reaffirm the test for joinder: a litigant must have a direct and substantial legal interest that may be prejudiced by the judgment.
Cited for the requirement that termination of the right of residence must comply with procedural fairness, requiring the occupier to have an effective…
Cited for the principle that the court's inherent power may not be used to appropriate jurisdiction not conferred by statute or where a statute grants…
Applied for the principle that the right of residence is not necessarily tied to the specific house occupied, informing the test of what is just and equitable…
Applied at para 56 for the principle of procedural fairness in termination of residence rights under ESTA.
The Court cites Snyders for the principle that fair process must be followed when owners or persons in charge seek to terminate rights of residence under s 8…
The court applies the principle that section 8(1) of ESTA requires the termination of a right of residence to be just and equitable both at a substantive level…
Cited for the principle that the court must consider whether it is just and equitable at both a substantive and procedural level having regard to factors set…
Applied to determine that section 8(1) of ESTA requires the termination of a right of residence to be just and equitable both on substantive and procedural…
Court follows the authority that this court does not have original jurisdiction and its inherent power does not extend to assuming jurisdiction not conferred…
Constitutional Court authority applied for the approach to be followed when conducting a section 8(1) inquiry into whether termination of right of residence is…
Cited at para 20 for the principle that the Land Court's review function under ESTA includes ensuring errors in magistrates' courts are remedied, especially…
Applied for the principle that section 8(1) of ESTA requires that the termination of a right of residence must be just and equitable both at a substantive…
The court applies this Constitutional Court authority for the principle that section 8(1) requires termination of a right of residence to be just and equitable…
Cited for the test of direct and substantial interest for the purposes of joinder: if an order would directly affect a person's rights or interests, that…
Applied to define the test for direct and substantial interest required for intervention, namely a legal interest in the subject-matter that could be…
Applied to confirm that automatic review under ESTA is intended to provide protection to vulnerable occupiers, and that guidance can be drawn from automatic…
Applied to establish that a person with a direct and substantial interest in the subject matter must be joined and that no order should be made without…
The court applies this Constitutional Court judgment setting out that termination of a right of residence under ESTA must be just and equitable both…