Dias v Van Der Westhuizen and Others (69367/2016) [2017] ZAGPPHC 1286 (11 December 2017)

Dias v Van Der Westhuizen and Others (69367/2016) [2017] ZAGPPHC 1286 (11 December 2017)

The court found that the written agreement of sale between the Applicant and Second Respondent was void ab initio due to non-compliance with section 2(1) of the Alienation of Land Act, as the First Respondent did not have written authority to act on behalf of the Second Respondent at the time of signing. Even if the agreement were valid, the Respondents failed to deliver guarantees for the purchase price and the contract was properly cancelled. The Respondents did not disclose any valid defence to the eviction application. The Applicant complied with all procedural requirements under the PIE Act. The Respondents, being in unlawful occupation, do not fall within any vulnerable category...

Citation
[2017] ZAGPPHC 1286
Parties
Applicant: Aida Maria Dias; Respondent: Rudolph Johannes Van Der Westhuizen; Respondent: Bellacube (Pty) Limited; Respondent: Madibeng Local Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 December 2017
Case Number
69367/2016
Procedural Posture
Eviction Application / Final Judgment
Outcome
Application for postponement dismissed; eviction granted.
Judges
E Van Der Schyff
Legal Topics
Alienation of Land Act, Eviction, Unlawful Occupation, Prevention of Illegal Eviction Act, Condonation of Late Filing
Land and Property Civil Procedure Alienation of Land Act Eviction Unlawful Occupation Prevention of Illegal Eviction Act Condonation of Late Filing

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Parties

Aida Maria Dias

Applicant

Rudolph Johannes Van Der Westhuizen

Respondent

Bellacube (Pty) Limited

Respondent

Madibeng Local Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the First and Second Respondents are unlawfully occupying the Applicant's property.
  2. 2 Whether the agreement of sale complies with the formalities required by section 2(1) of the Alienation of Land Act.
  3. 3 Whether the Respondents have disclosed a valid defence to the eviction application.

Ratio Decidendi

The court found that the written agreement of sale between the Applicant and Second Respondent was void ab initio due to non-compliance with section 2(1) of the Alienation of Land Act, as the First Respondent did not have written authority to act on behalf of the Second Respondent at the time of signing. Even if the agreement were valid, the Respondents failed to deliver guarantees for the purchase price and the contract was properly cancelled. The Respondents did not disclose any valid defence to the eviction application. The Applicant complied with all procedural requirements under the PIE Act. The Respondents, being in unlawful occupation, do not fall within any vulnerable category...

Court Disposition

Application for postponement dismissed; eviction granted.

Orders

  • The First and Second Respondents and any person occupying the property through them are evicted from the property.
  • The First and Second Respondents and any person occupying the property through them must vacate the property within 30 days from the date of this order or by 10 January 2018, whichever is later.