Domel v Khumalo and Another (2020-34517) [2024] ZAGPJHC 164 (19 February 2024)

Domel v Khumalo and Another (2020-34517) [2024] ZAGPJHC 164 (19 February 2024)

The respondent failed to pay rent and consumption charges for over 10 years and did not provide a credible or substantiated defence regarding an option to purchase the property. The lease agreement was properly cancelled by the applicant. The respondent's affidavits lacked detail and failed to establish any enforceable right to remain on the property or to purchase it. There was no evidence of a bona fide dispute of fact or tender of performance. The respondent admitted non-payment and refused to vacate the property. Given the absence of information about the respondent's personal circumstances, the court granted a calendar month for the respondent to vacate, finding this period...

Citation
[2024] ZAGPJHC 164
Parties
Applicant: Gisela Anna Liesbeth Domel; Respondent: Denny Khumalo; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 February 2024
Case Number
2020/34517
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; lease agreement cancelled; respondent and all occupants ordered to vacate property by 30 March 2024; costs awarded against respondent.
Judges
Z Khan
Legal Topics
Eviction Under Pie Act, Oral Lease Agreement, Option to Purchase, Non Payment of Rent, Cancellation of Lease
Land and Property Civil Procedure Eviction Under Pie Act Oral Lease Agreement Option to Purchase Non Payment of Rent Cancellation of Lease

Case Brief

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Parties

Gisela Anna Liesbeth Domel

Applicant

Denny Khumalo

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is lawfully entitled to remain on the property despite non-payment of rent and consumption charges.
  2. 2 Whether an enforceable option to purchase the property existed between the parties.
  3. 3 Whether the lease agreement was properly cancelled by the applicant.

Ratio Decidendi

The respondent failed to pay rent and consumption charges for over 10 years and did not provide a credible or substantiated defence regarding an option to purchase the property. The lease agreement was properly cancelled by the applicant. The respondent's affidavits lacked detail and failed to establish any enforceable right to remain on the property or to purchase it. There was no evidence of a bona fide dispute of fact or tender of performance. The respondent admitted non-payment and refused to vacate the property. Given the absence of information about the respondent's personal circumstances, the court granted a calendar month for the respondent to vacate, finding this period...

Court Disposition

Eviction granted; lease agreement cancelled; respondent and all occupants ordered to vacate property by 30 March 2024; costs awarded against respondent.

Orders

  • The agreement of lease between the applicant and first respondent is cancelled.
  • The first respondent and all other persons occupying the premises situated at 6[…] H[…] A[…], C[…] P[…], J[…] are ordered to vacate the property on or before 30 March 2024.