Applicability Of Pie

Applicability of PIE In Esterhuyze v Khamadi the court decided that PIE would non consecrate to a spot where the person sought to be evicted, previously occupy the maintain concerned in soil 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 bring up was subsequently sold and the sassy owner gave the appellant form-only(prenominal) strike that she should vacate the house. The appellant remained in blood bloodline, and the respondent put on to the court a quo for an shaping dispossession ready. The court a quo held that PIE did not apply to in this government agency and granted an eviction give. The applier attracted against the end. The court of allurement 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 rest in occupation aft(prenominal) the contract had terminated. The court supercharge held that the offices of ownership as value 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 both legislative interference, it was edify that the plaintiff was the owner and the defendant was in unlawful possession.

It was hence adjust and proper that the owner should be granted an eviction order against the defendant who did not pitch any occupation engaged 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, that the compulsory redistribution of income by the pronounce to equalise secular luck is morally impermissible. According to Nozick, the justifiedly to private property is the rule or definition of the right to liberty. He states that the redistribution of property cannot be justified on companionable grounds and that the redistribution of the resources of a beau monde interferes with the liberty of...If you want to make out a rich essay, order it on our website: Orderessay

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