Agliotti v Agliotti and Others (2019/37944) [2021] ZAGPJHC 469 (27 September 2021)

Agliotti v Agliotti and Others (2019/37944) [2021] ZAGPJHC 469 (27 September 2021)

The court found that the respondent was in unlawful occupation of the property, as she admitted the applicant's ownership and did not have his consent to reside there. The respondent did not demonstrate any lawful entitlement to remain and failed to show that eviction would render her homeless, given her access to three other properties. The court considered the circumstances and concluded that it was just and equitable to order eviction, granting the respondent two months to vacate the premises. The applicant's need for accommodation and the respondent's lack of compelling reasons to remain were decisive.

Citation
[2021] ZAGPJHC 469
Parties
Applicant: Alan Gordon Agliotti; Respondent: Danica Agliotti; Respondent: Occupiers of Erf [....] Parkmore, Johannesburg Township, Registration Division IR Province of Gauteng; Respondent: Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 September 2021
Case Number
2019/37944
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction granted; costs awarded against first respondent.
Judges
O Mooki
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Just and Equitable Eviction, Alternative Accommodation
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Just and Equitable Eviction Alternative Accommodation

Case Brief

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Parties

Alan Gordon Agliotti

Applicant

Danica Agliotti

Respondent

Occupiers of Erf [....] Parkmore, Johannesburg Township, Registration Division IR Province of Gauteng

Respondent

Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the first respondent is in unlawful occupation of the property.
  2. 2 Whether it is just and equitable to order the eviction of the first respondent under the Prevention of Illegal Evictions from Occupation of Land Act.
  3. 3 Whether the respondent will be rendered homeless by the eviction.

Ratio Decidendi

The court found that the respondent was in unlawful occupation of the property, as she admitted the applicant's ownership and did not have his consent to reside there. The respondent did not demonstrate any lawful entitlement to remain and failed to show that eviction would render her homeless, given her access to three other properties. The court considered the circumstances and concluded that it was just and equitable to order eviction, granting the respondent two months to vacate the premises. The applicant's need for accommodation and the respondent's lack of compelling reasons to remain were decisive.

Court Disposition

Eviction granted; costs awarded against first respondent.

Orders

  • The first respondent and all persons occupying with and through her are evicted from the property at Erf [....] Parkmore, Johannesburg Township, Registration Division IR Province of Gauteng.
  • The respondents must vacate the property within two months of service of this order.