Colour Tech Panel and Paint (Pty) Ltd v Crest Investments CC and Others (2748/17) [2017] ZAKZDHC 10 (16 March 2017)

Colour Tech Panel and Paint (Pty) Ltd v Crest Investments CC and Others (2748/17) [2017] ZAKZDHC 10 (16 March 2017)

The court found that although the applicant may have been in peaceful and undisturbed possession of the property, it was not unlawfully dispossessed. The applicant's right of occupation was terminated by a valid settlement agreement and subsequent court orders, which required Shanmugam and all persons claiming through him, including the applicant, to vacate the premises. The warrant of ejectment was legitimately and validly issued pursuant to these agreements and orders. The applicant failed to establish any residual right of occupation or entitlement to relief under the mandament van spolie. Furthermore, the relief sought was essentially a declarator, which is not available on an interim...

Citation
[2017] ZAKZDHC 10
Parties
Applicant: Colour Tech Panel and Paint (Pty) Ltd; Respondent: Crest Investments CC; Respondent: The Liquidators of Tiradeprops 1187 CC (in liquidation); Respondent: The Sheriff of the High Court, Inanda Area
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
16 March 2017
Case Number
2748/17
Procedural Posture
Urgent Application / Final Judgment on Urgent Application
Outcome
Application dismissed with costs.
Judges
Henriques
Legal Topics
Mandament Van Spolie, Eviction, Warrant of Ejectment, Right of Occupation, Settlement Agreement
Civil Procedure Land and Property Mandament Van Spolie Eviction Warrant of Ejectment Right of Occupation Settlement Agreement

Case Brief

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Parties

Colour Tech Panel and Paint (Pty) Ltd

Applicant

Crest Investments CC

Respondent

The Liquidators of Tiradeprops 1187 CC (in liquidation)

Respondent

The Sheriff of the High Court, Inanda Area

Respondent

Procedural Posture

Urgent Application / Final Judgment on Urgent Application

Legal Issues

  1. 1 Whether the applicant was unlawfully dispossessed of the property and entitled to relief under the mandament van spolie.
  2. 2 Whether the eviction of the applicant was lawful pursuant to a valid warrant of ejectment and settlement agreement.
  3. 3 Whether the applicant had any residual right of occupation following the settlement agreement and court orders.

Ratio Decidendi

The court found that although the applicant may have been in peaceful and undisturbed possession of the property, it was not unlawfully dispossessed. The applicant's right of occupation was terminated by a valid settlement agreement and subsequent court orders, which required Shanmugam and all persons claiming through him, including the applicant, to vacate the premises. The warrant of ejectment was legitimately and validly issued pursuant to these agreements and orders. The applicant failed to establish any residual right of occupation or entitlement to relief under the mandament van spolie. Furthermore, the relief sought was essentially a declarator, which is not available on an interim...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.