Amangwe Village and Another v Mthembu and Others (1168/2012) [2013] ZAKZDHC 22 (10 April 2013)

Amangwe Village and Another v Mthembu and Others (1168/2012) [2013] ZAKZDHC 22 (10 April 2013)

The applicants failed to provide admissible evidence that the buildings were condemned or unsafe, as the opinion of the municipal building inspector was not supported by affidavit or proof of expertise, and the municipality's correspondence was equivocal. The notices delivered to the respondents did not constitute valid termination of the periodic leases, as they did not provide one calendar month's notice ending on the last day of a calendar month as required by the lease agreements. Without valid termination, the respondents' occupation was not unlawful, and the application for ejectment could not succeed.

Citation
[2013] ZAKZDHC 22
Parties
Applicant: Amangwe Village (Project of the Zululand Chamber of Business Foundation Registration Number 1995/09342/08); Applicant: Mondi Limited; Respondent: Qondile J Mthembu; Respondent: Jabulani Mantengu; Respondent: Nicholas G Sibiya; Respondent: Raphik Biyela; Respondent: Elphas N Buthelezi; Respondent: Siyabonga P Mdima; Respondent: Girlie L Mthembu; Respondent: Mboni T Mabuyakhulu; Respondent: Mandla Mentengu; Respondent: Bongani T Nxumalo; Respondent: Zodwa P M Sibisi; Respondent: Thembi Mnhwambe; Respondent: Sihlesenkozi P Zulu
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
10 April 2013
Case Number
1168/2012
Procedural Posture
Urgent Application / Application for Ejectment and Declaratory Relief
Outcome
Application dismissed.
Judges
S R Mullins
Legal Topics
Lease Termination, Ejectment, Periodic Tenancy, Notice Requirements, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Lease Termination Ejectment Periodic Tenancy Notice Requirements Prevention of Illegal Eviction Act

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Parties

Amangwe Village (Project of the Zululand Chamber of Business Foundation Registration Number 1995/09342/08)

Applicant

Mondi Limited

Applicant

Qondile J Mthembu

Respondent

Jabulani Mantengu

Respondent

Nicholas G Sibiya

Respondent

Raphik Biyela

Respondent

Elphas N Buthelezi

Respondent

Siyabonga P Mdima

Respondent

Girlie L Mthembu

Respondent

Mboni T Mabuyakhulu

Respondent

Mandla Mentengu

Respondent

Bongani T Nxumalo

Respondent

Zodwa P M Sibisi

Respondent

Thembi Mnhwambe

Respondent

Sihlesenkozi P Zulu

Respondent

Procedural Posture

Urgent Application / Application for Ejectment and Declaratory Relief

Legal Issues

  1. 1 Whether the lease agreements between the applicants and respondents were validly terminated.
  2. 2 Whether the respondents are in unlawful occupation and subject to ejectment.
  3. 3 Whether the applicants provided admissible evidence that the buildings were unsafe and required demolition.

Ratio Decidendi

The applicants failed to provide admissible evidence that the buildings were condemned or unsafe, as the opinion of the municipal building inspector was not supported by affidavit or proof of expertise, and the municipality's correspondence was equivocal. The notices delivered to the respondents did not constitute valid termination of the periodic leases, as they did not provide one calendar month's notice ending on the last day of a calendar month as required by the lease agreements. Without valid termination, the respondents' occupation was not unlawful, and the application for ejectment could not succeed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.