AMC Property (Pty) Ltd and Another v Kleynhans and Others (1348/2021) [2021] ZAFSHC 277 (3 November 2021)

AMC Property (Pty) Ltd and Another v Kleynhans and Others (1348/2021) [2021] ZAFSHC 277 (3 November 2021)

The court found that the applicants and the first respondent reached a settlement on the merits, with the applicants conceding to the respondents' terms regarding occupation until 31 December 2021. The merits were resolved in favour of the respondents, making them the successful party. The general rule that costs follow the result applies, and the applicants are ordered to pay the first respondent's costs, including reserved costs. The court exercised its discretion by considering the settlement agreement and the conduct of the parties, concluding that the applicants were unsuccessful in their application for eviction.

Citation
[2021] ZAFSHC 277
Parties
Applicant: AMC Property (Pty) Ltd; Applicant: Hughes Properties (Pty) Ltd; Respondent: Chris Kleynhans; Respondent: Any Other Unlawful Occupiers (Mimosa Glen); Respondent: Any Other Unlawful Occupiers (Fairview)
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 November 2021
Case Number
1348/2021
Procedural Posture
Eviction Application / Costs Determination Following Settlement on Merits
Outcome
Application for eviction settled on the merits in favour of the respondents; costs awarded against the applicants.
Judges
I VAN RHYN
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Costs Award, Oral Agreement, Eviction Proceedings
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Costs Award Oral Agreement Eviction Proceedings

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Parties

AMC Property (Pty) Ltd

Applicant

Hughes Properties (Pty) Ltd

Applicant

Chris Kleynhans

Respondent

Any Other Unlawful Occupiers (Mimosa Glen)

Respondent

Any Other Unlawful Occupiers (Fairview)

Respondent

Procedural Posture

Eviction Application / Costs Determination Following Settlement on Merits

Legal Issues

  1. 1 Whether the first respondent and his family are unlawful occupiers of the farms owned by the applicants.
  2. 2 Whether the applicants or respondents are liable for the costs of the application, including reserved costs.
  3. 3 What were the material terms of the oral agreement regarding occupation of the farms.

Ratio Decidendi

The court found that the applicants and the first respondent reached a settlement on the merits, with the applicants conceding to the respondents' terms regarding occupation until 31 December 2021. The merits were resolved in favour of the respondents, making them the successful party. The general rule that costs follow the result applies, and the applicants are ordered to pay the first respondent's costs, including reserved costs. The court exercised its discretion by considering the settlement agreement and the conduct of the parties, concluding that the applicants were unsuccessful in their application for eviction.

Court Disposition

Application for eviction settled on the merits in favour of the respondents; costs awarded against the applicants.

Orders

  • The draft order marked 'X' is made an order of court.
  • The applicants shall pay the first respondent’s costs, including the reserved costs of 5 August 2021, jointly and severally, payment by the one, the other to be absolved.