Bango and Others v Boschpoort Ondernemings (Pty) Ltd (LCC74/20057) [2007] ZALCC 18 (27 July 2007)

Bango and Others v Boschpoort Ondernemings (Pty) Ltd (LCC74/20057) [2007] ZALCC 18 (27 July 2007)

The court found that Boschpoort had essentially, if not fully, complied with the Court Order of 16 May 2007. The alleged deficiencies raised by the applicants were either factually unsupported, minor, or did not amount to material non-compliance. The construction of rooms in separate buildings constituted substantial compliance, the quality of the structures was not proven to be sub-standard, the pantry size discrepancy was de minimis, and the electrical and fencing arrangements were reasonable and safe. The applicants had no defensible reason to refuse relocation. However, the respondent's attorney acted improperly by executing the writ while the application was defended, but this did...

Citation
[2007] ZALCC 18
Parties
Applicant: Motsamaremi Ephlina Bango; Applicant: Phineas Tjanki Mokoena; Applicant: The Further Applicant (3rd to 78th); Respondent: Boschpoort Ondernemings (Pty) Ltd
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
27 July 2007
Case Number
LCC74/20057
Procedural Posture
Urgent Application / Application to Uplift Suspension of Writ of Ejectment; Determination of Compliance With Prior Court Order
Outcome
The suspension of the writ of ejectment is uplifted. Boschpoort Ondernemings (Pty) Ltd is entitled to execute the writ of ejectment against Mr Bango, Mr Mokoena, and all those occupying through or under them. No cost order is made.
Judges
Gildenhuys
Legal Topics
Relocation of Occupiers, Compliance With Court Order, Writ of Ejectment, Execution Procedure
Land and Property Civil Procedure Relocation of Occupiers Compliance With Court Order Writ of Ejectment Execution Procedure

Case Brief

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Parties

Motsamaremi Ephlina Bango

Applicant

Phineas Tjanki Mokoena

Applicant

The Further Applicant (3rd to 78th)

Applicant

Boschpoort Ondernemings (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Uplift Suspension of Writ of Ejectment; Determination of Compliance With Prior Court Order

Legal Issues

  1. 1 Whether Boschpoort Ondernemings (Pty) Ltd complied with the Court Order of 16 May 2007 regarding the construction and provision of accommodation for the Bango and Mokoena families.
  2. 2 Whether the suspension of the writ of ejectment should be uplifted, permitting relocation of the applicants.
  3. 3 Whether the applicants have valid grounds to resist relocation based on alleged non-compliance.

Ratio Decidendi

The court found that Boschpoort had essentially, if not fully, complied with the Court Order of 16 May 2007. The alleged deficiencies raised by the applicants were either factually unsupported, minor, or did not amount to material non-compliance. The construction of rooms in separate buildings constituted substantial compliance, the quality of the structures was not proven to be sub-standard, the pantry size discrepancy was de minimis, and the electrical and fencing arrangements were reasonable and safe. The applicants had no defensible reason to refuse relocation. However, the respondent's attorney acted improperly by executing the writ while the application was defended, but this did...

Court Disposition

The suspension of the writ of ejectment is uplifted. Boschpoort Ondernemings (Pty) Ltd is entitled to execute the writ of ejectment against Mr Bango, Mr Mokoena, and all those occupying through or under them. No cost order is made.

Orders

  • The order of 12 July 2007 suspending the writ of ejectment dated 9 July 2007 is uplifted.
  • It is declared that Boschpoort Ondernemings (Pty) Ltd is entitled to have the writ of ejectment executed against Mr M E Bango and Mr P T Mokoena, and against all those who occupy Welverdiend through or under them.