South Africa: Land Claims Court Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Land Claims Court >> 2003 >> [2003] ZALCC 33

| Noteup | LawCite

Trustess van Linmar Trust and Another v De Witt and Another (LCC46r/03) [2003] ZALCC 33 (17 June 2003)

Download original files

PDF format

RTF format


IN THE LAND CLAIMS COURT OF SOUTH AFRICA



RANDBURG CASE NUMBER: LCC46r/03

In chambers: BAM JP MAGISTRATE'S COURT CASE NUMBER: 2/03/U


Decided on: 17 June 2003


In the review proceedings in the case between


DIE TRUSTEES VAN LINMAR TRUST 1s' Applicant

MARTIN HOLAND N.O. 2nd Applicant

and

PIETER HUGO DE WITT 1st Respondent

ELZETTE DE WITT 2nd Respondent

ANNA SUSANA ELIZABETH DE WITT 3rd Respondent


JUDGMENT


BAM JP:


[1] This is an automatic review under section 19(3) of the Extension of Security of Tenure Act (the Act) of an order granted by the Magistrate, Atlantis on 25 March 2003.


[2] The order granted is in terms of settlement agreement signed by the parties and attached to this judgement.


[3] This court, upon review, finds the settlement to be fair and that it does not waive or limit any of the rights the of the respondents in terms of the Act.


[4] The Magistrate's order is accordingly confirmed but the dates appearing at paragraphs 1 & 3 are amended as follows:

(a) The respondents are to vacate the property on or before 19.06.2003.

(b) If the respondents have not vacated the land on the date contemplated in paragraph (a) above, the eviction may be carried out on the 30. 06. 2003.


JUDGE PRESIDENT F C BAM


For the applicant: For the respondents:

Basillies Attorneys Legal Aid Clinic