Buylines 168 (Pty) Ltd v Mabula and Others (30029/2012) [2013] ZAGPJHC 80 (2 April 2013)

Buylines 168 (Pty) Ltd v Mabula and Others (30029/2012) [2013] ZAGPJHC 80 (2 April 2013)

The court found that the respondents are unlawful occupiers under the PIE Act, as they occupy the property without the applicant's consent and have no other legal right to remain. The respondents were aware of the sale in execution since 2008 but only acted after being served with the eviction application, and their summons to set aside the sale has not been served, meaning no action is pending. The respondents failed to provide satisfactory reasons for their delay or any grounds to resist eviction. The court held that it is just and equitable to grant the eviction order, as the respondents' conduct indicates an intention to frustrate the applicant's rights rather than pursue a bona fide...

Citation
[2013] ZAGPJHC 80
Parties
Applicant: Buylines 168 (Pty) Ltd; Respondent: Emmanuel John Mabula; Respondent: Lucy Ethel Mabula; Respondent: City of Johannesburg; Respondent: Illegal Occupants of Erf 441 Windsor West, Randburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 April 2013
Case Number
30029/2012
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction application granted; respondents ordered to vacate property and pay costs.
Judges
MF Kganyango
Legal Topics
Eviction, Unlawful Occupation, Prevention of Illegal Eviction Act, Sale in Execution
Land and Property Civil Procedure Eviction Unlawful Occupation Prevention of Illegal Eviction Act Sale in Execution

Case Brief

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Parties

Buylines 168 (Pty) Ltd

Applicant

Emmanuel John Mabula

Respondent

Lucy Ethel Mabula

Respondent

City of Johannesburg

Respondent

Illegal Occupants of Erf 441 Windsor West, Randburg

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers under the PIE Act.
  2. 2 Whether the applicant has made out a case for eviction under the PIE Act.
  3. 3 Whether it is just and equitable to grant an eviction order despite pending action by respondents.

Ratio Decidendi

The court found that the respondents are unlawful occupiers under the PIE Act, as they occupy the property without the applicant's consent and have no other legal right to remain. The respondents were aware of the sale in execution since 2008 but only acted after being served with the eviction application, and their summons to set aside the sale has not been served, meaning no action is pending. The respondents failed to provide satisfactory reasons for their delay or any grounds to resist eviction. The court held that it is just and equitable to grant the eviction order, as the respondents' conduct indicates an intention to frustrate the applicant's rights rather than pursue a bona fide...

Court Disposition

Eviction application granted; respondents ordered to vacate property and pay costs.

Orders

  • The respondents must vacate the immovable property at 15 Duchesses Avenue, Windsor West, Randburg, Johannesburg on or before 30 June 2013. Failing which, the sheriff is authorized to evict the respondents from the property if they have not vacated by 30 June 2013.
  • The first and second respondents are ordered to pay the costs of the applicant jointly and severally, the one paying the other to be absolved.