Applicability Of Pie

Applicability of PIE In Esterhuyze v Khamadi the motor inn decided that PIE would non break to a situation where the person sought to be evicted, previously busy the prop concerned in earth of an agreement with the possesser. In Ellis v Viljoen the appellant occupied a house on a parent with the consent of the owner. The acquire was subsequently sold and the new owner gave the appellant form-only(prenominal) pock that she should vacate the house. The appellant remained in blood bloodline, and the respondent use to the court a quo for an constructive legal ouster order. The court a quo held that PIE did not apply to in this situation and granted an eviction order. The applier appealed against the determination. The court of appeal held that the provisions of PIE did not apply in a situation where the blank space was occupied by someone in terms of a contract, who remain in occupation after the contract had terminated. The court farther hel d that the overcompensates of ownership as recognised before the enactment of the Constitution, had not been affected by the Constitution, at least not in a eggshell such as was in dispute. Without either legislative interference, it was edify that the plaintiff was the owner and the defendant was in unlawful possession.

It was hence recompense and proper that the owner should be granted an eviction order against the defendant who did not hold in any occupation interfering in the plaintiffs possession of his own property. The appeal was dismissed. In these two cases the court seems to have taken a libertarian approach. The courts decision is in line wi! th Nozicks theory, that the compulsory redistribution of income by the articulate to equalise secular circumstances is morally impermissible. According to Nozick, the right to private property is the expression or definition of the right to liberty. He states that the redistribution of property cannot be justified on affectionate grounds and that the redistribution of the resources of a society interferes with the liberty of...If you want to sound a rich essay, order it on our website: OrderCustomPaper.com

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