Coetzee v Pipet Place Eiendomme CC (AR509/2015) [2016] ZAKZPHC 60 (28 June 2016)

Coetzee v Pipet Place Eiendomme CC (AR509/2015) [2016] ZAKZPHC 60 (28 June 2016)

The court found that the Magistrate's Court had properly considered the appellant's personal circumstances and the issue of alternative accommodation, both in the pleadings and during oral argument. The appellant's financial position and ability to secure alternative accommodation were canvassed, and the Magistrate granted a reasonable period for the appellant to vacate the premises. The appellant had remained in unlawful occupation for approximately nine months after the lease was validly terminated. The court concluded that the requirements of PIE were satisfied, the eviction order was just and equitable, and there was no merit in the appellant's complaints. The appeal was dismissed.

Citation
[2016] ZAKZPHC 60
Parties
Appellant: Pierre Nicolaas Coetzee; Respondent: Pipet Place Eiendomme CC
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
28 June 2016
Case Number
AR509/2015
Procedural Posture
Civil Appeal / Appeal From Magistrate’s Court, Empangeni
Outcome
Appeal dismissed with costs. Appellant ordered to vacate respondent’s premises by 31 July 2016.
Judges
Seegobin, Hemraj
Legal Topics
Eviction, Prevention of Illegal Eviction Act, Lease Termination, Just and Equitable Order
Land and Property Civil Procedure Eviction Prevention of Illegal Eviction Act Lease Termination Just and Equitable Order

Case Brief

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Parties

Pierre Nicolaas Coetzee

Appellant

Pipet Place Eiendomme CC

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate’s Court, Empangeni

Legal Issues

  1. 1 Whether the Magistrate's Court misdirected itself by failing to consider the issue of alternative accommodation for the appellant.
  2. 2 Whether the eviction order was just and equitable under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE).

Ratio Decidendi

The court found that the Magistrate's Court had properly considered the appellant's personal circumstances and the issue of alternative accommodation, both in the pleadings and during oral argument. The appellant's financial position and ability to secure alternative accommodation were canvassed, and the Magistrate granted a reasonable period for the appellant to vacate the premises. The appellant had remained in unlawful occupation for approximately nine months after the lease was validly terminated. The court concluded that the requirements of PIE were satisfied, the eviction order was just and equitable, and there was no merit in the appellant's complaints. The appeal was dismissed.

Court Disposition

Appeal dismissed with costs. Appellant ordered to vacate respondent’s premises by 31 July 2016.

Orders

  • The appeal is dismissed with costs.
  • The appellant is ordered to vacate the respondent’s premises by no later than 31 July 2016.