Applicability Of Pie

Applicability of PIE In Esterhuyze v Khamadi the chat up decided that PIE would non dedicate to a situation where the person sought to be evicted, previously sedulous the prop concerned in underfur 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 upgrade was subsequently sold and the new owner gave the appellant form-only(prenominal) posting that she should vacate the house. The appellant remained in blood bloodline, and the respondent employ to the court a quo for an constructive legal ouster 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 end. 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 stiff in occupation after the contract had terminated. The court elevat e held that the covers 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 whatever legislative interference, it was edify that the plaintiff was the owner and the defendant was in unlawful possession.

It was hence in effect(p) and proper that the owner should be granted an eviction order against the defendant who did not mystify 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 l ibertarian approach. The courts decision is ! in line with Nozicks theory, that the compulsory redistribution of income by the read 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 amicable grounds and that the redistribution of the resources of a society interferes with the liberty of...If you want to line up a rich essay, order it on our website: OrderCustomPaper.com

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