Booysen and Another v September and Others (39933/2017) [2020] ZAGPPHC 121 (17 March 2020)

Booysen and Another v September and Others (39933/2017) [2020] ZAGPPHC 121 (17 March 2020)

The applicants lawfully acquired ownership of the property and complied with all procedural requirements under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The respondents, including Mr Fisher, have no lease or other legal right to occupy the property. The summons issued by Mr Fisher, alleging fraud in previous transfers, does not constitute a compelling ground to refuse eviction, as he has failed to prosecute the action or join the applicants as parties. There is no credible evidence that the occupiers are vulnerable persons as envisaged by the Act. The court finds it just and equitable to grant the eviction order, allowing the occupiers 45 days to vacate...

Citation
[2020] ZAGPPHC 121
Parties
Applicant: Ronald Thomas Booysen; Applicant: Yolanda Rose Booysen; Respondent: Rocque Monique September; Respondent: All Occupiers of 68 Carl Davis Avenue Ext 2, Pretoria, known as Erf 1249, Eersterust, Ext 2, Pretoria, Gauteng; Respondent: Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 March 2020
Case Number
39933/2017
Procedural Posture
Eviction Application / Opposed Application for Eviction; Judgment Delivered After Hearing
Outcome
Eviction order granted against the first and second respondents; costs awarded against first respondent and Mr Ronnie Desmond Fisher jointly and severally.
Judges
Prinsloo
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Just and Equitable Order
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Just and Equitable Order

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Parties

Ronald Thomas Booysen

Applicant

Yolanda Rose Booysen

Applicant

Rocque Monique September

Respondent

All Occupiers of 68 Carl Davis Avenue Ext 2, Pretoria, known as Erf 1249, Eersterust, Ext 2, Pretoria, Gauteng

Respondent

Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Opposed Application for Eviction; Judgment Delivered After Hearing

Legal Issues

  1. 1 Whether the applicants are entitled to an eviction order against the respondents.
  2. 2 Whether the respondents' occupation of the property is lawful.
  3. 3 Whether the pending summons issued by Mr Fisher constitutes a compelling ground to refuse eviction.

Ratio Decidendi

The applicants lawfully acquired ownership of the property and complied with all procedural requirements under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act. The respondents, including Mr Fisher, have no lease or other legal right to occupy the property. The summons issued by Mr Fisher, alleging fraud in previous transfers, does not constitute a compelling ground to refuse eviction, as he has failed to prosecute the action or join the applicants as parties. There is no credible evidence that the occupiers are vulnerable persons as envisaged by the Act. The court finds it just and equitable to grant the eviction order, allowing the occupiers 45 days to vacate...

Court Disposition

Eviction order granted against the first and second respondents; costs awarded against first respondent and Mr Ronnie Desmond Fisher jointly and severally.

Orders

  • The First and Second Respondents are ordered to vacate the property known as 68 Carl Davis Avenue, Eersterust X2, Pretoria, Gauteng, also known as Erf 1249, Eersterust Ext2, Pretoria, Gauteng, within 45 days from the date of this order.
  • Should the First and Second Respondents fail to comply, the sheriff is authorized to take all necessary steps to execute the order and evict the First and Second Respondents, with assistance from the South African Police Services if necessary.