Will a Court ever refuse to grant an eviction order?

Will a Court ever refuse to grant an eviction order?

Yes, the court will apply Sections 4(6) and 4(7) of PIE and will decide whether, on the facts before it, an eviction order would be just and equitable.

Section 4 (6) of PIE states that if an unlawful occupier has occupied the land in question for less than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so, after considering all the relevant circumstances, including the rights and needs of the elderly, children, disabled persons and households headed by women.

Section 4(7) states that if an unlawful occupier has occupied the land in question for more than six months at the time when the proceedings are initiated, a court may grant an order for eviction if it is of the opinion that it is just and equitable to do so, after considering all the relevant circumstances, including, except where the land is sold in a sale of execution pursuant to a mortgage, whether land has been made available or can reasonably be made available by a municipality or other organ of state or another land owner for the relocation of the unlawful occupier, and including the rights and needs of the elderly, children, disabled persons and households headed by women.

Therefore, after assessing the above factors, a court may well decide that it would not be just and equitable to grant an order of eviction.