Ayob and Another v Mayborn Investments 14 (Pty) Ltd and Others (53642/09) [2010] ZAGPPHC 303 (16 April 2010)

Ayob and Another v Mayborn Investments 14 (Pty) Ltd and Others (53642/09) [2010] ZAGPPHC 303 (16 April 2010)

The court found that the applicants were in peaceful and undisturbed possession of the premises at the relevant time, as evidenced by admissions in pleadings, correspondence, and the conduct of the parties. The respondents unlawfully deprived the applicants of possession by forcibly entering the premises and installing chains, locks, and gates without consent or due legal process. The respondents' explanations for contradictory admissions were vague and unsatisfactory. The respondents failed to establish any factual or legal basis for their counter-application. The court held that the applicants were entitled to restoration of possession and a punitive costs order due to the respondents'...

Citation
[2010] ZAGPPHC 303
Parties
Applicant: Farhad Ayob; Applicant: Wierda Park Bakery (Pty) Ltd; Respondent: Mayborn Investments 14 (Pty) Ltd; Respondent: Joosub Haroon Aboo Baker; Respondent: Gani Akbar Ahmed
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 April 2010
Case Number
53642/09
Procedural Posture
Urgent Application / Application for Urgent Spoliation Relief and Counter Application
Outcome
Application granted; counter-application dismissed.
Judges
Msimeki
Legal Topics
Spoliation, Unlawful Deprivation of Possession, Lease Agreement, Right of First Refusal, Urgent Interdict
Civil Procedure Land and Property Spoliation Unlawful Deprivation of Possession Lease Agreement Right of First Refusal Urgent Interdict

Case Brief

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Parties

Farhad Ayob

Applicant

Wierda Park Bakery (Pty) Ltd

Applicant

Mayborn Investments 14 (Pty) Ltd

Respondent

Joosub Haroon Aboo Baker

Respondent

Gani Akbar Ahmed

Respondent

Procedural Posture

Urgent Application / Application for Urgent Spoliation Relief and Counter Application

Legal Issues

  1. 1 Whether the applicants were in peaceful and undisturbed possession of the premises.
  2. 2 Whether there was unlawful deprivation of possession by the respondents.
  3. 3 Whether the respondents established a proper basis for relief in their counter-application.

Ratio Decidendi

The court found that the applicants were in peaceful and undisturbed possession of the premises at the relevant time, as evidenced by admissions in pleadings, correspondence, and the conduct of the parties. The respondents unlawfully deprived the applicants of possession by forcibly entering the premises and installing chains, locks, and gates without consent or due legal process. The respondents' explanations for contradictory admissions were vague and unsatisfactory. The respondents failed to establish any factual or legal basis for their counter-application. The court held that the applicants were entitled to restoration of possession and a punitive costs order due to the respondents'...

Court Disposition

Application granted; counter-application dismissed.

Orders

  • The first and second applicants' possession of the property at 582 Church Street West, Pretoria West is restored.
  • The first, second, and third respondents are ordered to remove all chains, locks, and gates installed at the property forthwith.