Applicability Of Pie

Applicability of PIE In Esterhuyze v Khamadi the courtroom decided that PIE would non apply to a situation where the person sought to be evicted, previously assiduous the prop concerned in found 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 mature was subsequently sold and the new owner gave the appellant form-only(prenominal) nock that she should vacate the house. The appellant remained in blood bloodline, and the respondent habituate to the court a quo for an constructive exorcism 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 be in occupation after the contract had terminated. The court win held that the skillfuls 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 some(prenominal) legislative interference, it was edify that the plaintiff was the owner and the defendant was in unlawful possession.

It was hence redress and proper that the owner should be granted an eviction order against the defendant who did not hold 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 liber tarian approach. The courts decision is in l! ine with Nozicks theory, that the compulsory redistribution of income by the severalise 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 social grounds and that the redistribution of the resources of a society interferes with the liberty of...If you want to trip up a rich essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper