Applicability Of Pie

Applicability of PIE In Esterhuyze v Khamadi the court of law decided that PIE would non declare to a situation where the person sought to be evicted, previously assiduous the prop concerned in demesne 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 rear was subsequently sold and the new owner gave the appellant form-only(prenominal) poster that she should vacate the house. The appellant remained in blood bloodline, and the respondent implement to the court a quo for an constructive exorcism order. The court a quo held that PIE did non apply to in this situation and granted an eviction order. The applier appealed against the finis. 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 mud in occupation after the contract had terminated. The court further held that the proper(ip)s 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 whatsoever legislative interference, it was edify that the plaintiff was the owner and the defendant was in unlawful possession.

It was hence rightfulness and proper that the owner should be granted an eviction order against the defendant who did not hit 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 with Nozicks theory, t hat the compulsory redistribution of income ! by the distinguish 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 tender grounds and that the redistribution of the resources of a society interferes with the liberty of...If you want to countenance a rich essay, order it on our website: OrderEssay.net

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