Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia undermined their case. There was no imminent threat justifying interdictory relief, as the...

Citation
[2025] ZAGPPHC 750
Parties
Applicant: Kopano Diale; Applicant: Kea Diale; Applicant: Molepo Mampuru; Applicant: Shirley Mabasa; Applicant: Chelesani Sibanda; Applicant: Nonzunzo Cele; Applicant: City of Johannesburg; Respondent: Alant Properties Investment (Pty) Ltd; Respondent: Alant Albert Stefanus
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 July 2025
Case Number
111146/2025
Procedural Posture
Urgent Application / Application for Interim Interdict Following Eviction; Opposed Motion Heard After Service on Respondents
Outcome
Application dismissed. Each party to bear its own legal costs.
Judges
Ferreira AJ
Legal Topics
Eviction Order, Interim Interdict, Spoliation, Ownership Registration, Company Deregistration
Civil Procedure Land and Property Eviction Order Interim Interdict Spoliation Ownership Registration Company Deregistration

Case Brief

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Parties

Kopano Diale

Applicant

Kea Diale

Applicant

Molepo Mampuru

Applicant

Shirley Mabasa

Applicant

Chelesani Sibanda

Applicant

Nonzunzo Cele

Applicant

City of Johannesburg

Applicant

Alant Properties Investment (Pty) Ltd

Respondent

Alant Albert Stefanus

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Following Eviction; Opposed Motion Heard After Service on Respondents

Legal Issues

  1. 1 Whether the applicants are entitled to interim relief suspending the eviction order pending appeal.
  2. 2 Whether the alleged deregistration of the first respondent affects the validity of the eviction and ownership.
  3. 3 Whether the applicants have established a prima facie right to restoration of possession or interdictory relief.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia undermined their case. There was no imminent threat justifying interdictory relief, as the...

Court Disposition

Application dismissed. Each party to bear its own legal costs.

Orders

  • The application is dismissed.
  • Each party is to bear its own legal costs.