Balhabou and Others v Blamey and Others (Reasons) (2954/2024) [2024] ZAECQBHC 54 (12 September 2024)

Balhabou and Others v Blamey and Others (Reasons) (2954/2024) [2024] ZAECQBHC 54 (12 September 2024)

The court found that the application was directly related to a broader commercial dispute already pending in the Johannesburg High Court, rendering the matter lis pendens. The relief sought against the First Respondent in this application was substantially the same as that sought in the pending application. The court exercised its discretion not to entertain the matter to avoid piecemeal adjudication and conflicting decisions. Urgency was not established for the First Applicant, who was not in residence at the property at the relevant time and relied on the account of others. The Second and Third Applicants, although present, were not forcibly evicted but left voluntarily, and did not...

Citation
[2024] ZAECQBHC 54
Parties
Applicant: Islaam Ally Saleh Balhabou; Applicant: Hamis Joseph Kayamba; Applicant: Paul Sephrine Fernandes; Respondent: Warwick Marshall Blamey; Respondent: Satractracking (Pty) Ltd; Respondent: Unlawful Occupiers of the Property Situated at 2[…] S[…] Street, Summerstrand, Gqeberha
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
12 September 2024
Case Number
2954/2024
Procedural Posture
Urgent Application / Reasons for Judgment Following Urgent Application
Outcome
Application dismissed with costs.
Judges
N J Mullins
Legal Topics
Mandement Van Spolie, Lis Pendens, Urgency, Locus Standi, Pie Act Compliance, Disputes of Fact
Civil Procedure Land and Property Mandement Van Spolie Lis Pendens Urgency Locus Standi Pie Act Compliance Disputes of Fact

Case Brief

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Parties

Islaam Ally Saleh Balhabou

Applicant

Hamis Joseph Kayamba

Applicant

Paul Sephrine Fernandes

Applicant

Warwick Marshall Blamey

Respondent

Satractracking (Pty) Ltd

Respondent

Unlawful Occupiers of the Property Situated at 2[…] S[…] Street, Summerstrand, Gqeberha

Respondent

Procedural Posture

Urgent Application / Reasons for Judgment Following Urgent Application

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed of peaceful and undisturbed possession of the property.
  2. 2 Whether the application was urgent and justified on the facts.
  3. 3 Whether the PIE Act applies to the relief sought.

Ratio Decidendi

The court found that the application was directly related to a broader commercial dispute already pending in the Johannesburg High Court, rendering the matter lis pendens. The relief sought against the First Respondent in this application was substantially the same as that sought in the pending application. The court exercised its discretion not to entertain the matter to avoid piecemeal adjudication and conflicting decisions. Urgency was not established for the First Applicant, who was not in residence at the property at the relevant time and relied on the account of others. The Second and Third Applicants, although present, were not forcibly evicted but left voluntarily, and did not...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs, such costs to be paid by the First Applicant on scale B.
  • If either party requires reasons for the Order they are to request same from the Registrar of this court in writing within 10 days hereof.