Draht N.O. and Others v Manqele and Others (18771/13) [2015] ZAGPPHC 701 (7 August 2015)

Draht N.O. and Others v Manqele and Others (18771/13) [2015] ZAGPPHC 701 (7 August 2015)

The court held that the trustees, having control over the insolvent estate, are entitled to evict the respondents from the property. The respondents' occupation impedes the trustees' duty to realise the asset for the benefit of creditors, as the property cannot be rented or sold while occupied. The respondents have no legal right to remain after sequestration, and any alleged sale to Gonda Logistics CC was not concluded. Payments made to Dynamic Auctioneers do not affect the trustees' entitlement to evict, and any disputes regarding those payments must be addressed with Dynamic Auctioneers. The trustees have complied with statutory notice requirements, and the respondents have been given...

Citation
[2015] ZAGPPHC 701
Parties
Applicant: Heiko Draht N.O.; Applicant: Marc Bradley Beginsel N.O.; Applicant: Donovan Theodore Majiedt N.O.; Applicant: Dynamic Auctioneers CC; Respondent: Mbongiseni Isaac Manqele; Respondent: Lindiwe Grace Manqele; Respondent: Ekurhuleni Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 August 2015
Case Number
18771/13
Procedural Posture
Eviction Application / Opposed Motion; Judgment
Outcome
Application granted; eviction order issued against respondents.
Judges
Hughes
Legal Topics
Eviction, Sequestration, Trustee Powers, Immovable Property, Costs Order
Land and Property Civil Procedure Eviction Sequestration Trustee Powers Immovable Property Costs Order

Case Brief

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Parties

Heiko Draht N.O.

Applicant

Marc Bradley Beginsel N.O.

Applicant

Donovan Theodore Majiedt N.O.

Applicant

Dynamic Auctioneers CC

Applicant

Mbongiseni Isaac Manqele

Respondent

Lindiwe Grace Manqele

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Opposed Motion; Judgment

Legal Issues

  1. 1 Whether the trustees of the insolvent estate are entitled to evict the respondents from the property.
  2. 2 Whether the respondents have any legal right to remain in occupation of the property after sequestration.
  3. 3 Whether the payments made by Gonda Logistics CC affect the trustees' entitlement to evict.

Ratio Decidendi

The court held that the trustees, having control over the insolvent estate, are entitled to evict the respondents from the property. The respondents' occupation impedes the trustees' duty to realise the asset for the benefit of creditors, as the property cannot be rented or sold while occupied. The respondents have no legal right to remain after sequestration, and any alleged sale to Gonda Logistics CC was not concluded. Payments made to Dynamic Auctioneers do not affect the trustees' entitlement to evict, and any disputes regarding those payments must be addressed with Dynamic Auctioneers. The trustees have complied with statutory notice requirements, and the respondents have been given...

Court Disposition

Application granted; eviction order issued against respondents.

Orders

  • The first and second respondents, and all those occupying the property by virtue of their occupation, are to vacate the property within 14 days from the date of this order.
  • If the respondents or any occupants fail or refuse to vacate within the stipulated period, the Sheriff is authorised to evict them after 30 days from the granting of this order.