Ebony Trust and Others v Nortier and Others (25764/20) [2022] ZAGPPHC 24 (27 January 2022)

Ebony Trust and Others v Nortier and Others (25764/20) [2022] ZAGPPHC 24 (27 January 2022)

The applicants proved ownership of the property and unlawful occupation by the respondents, who failed to pay rent or rates and taxes since 2015. The respondents' application for postponement was not supported by sufficient facts and was due to their own neglect in securing proper legal representation. The alleged new defences were not new and had already been addressed in the affidavits. The respondents' continued occupation caused ongoing prejudice and unjust enrichment at the applicants' expense. The requirements for eviction under the Prevention of Illegal Eviction From and Occupation of Land Act were satisfied, and no valid defence was established to resist eviction. The interests of...

Citation
[2022] ZAGPPHC 24
Parties
Applicant: Ebony Trust; Applicant: Molemo Molai N.O.; Applicant: Tshepo Molai N.O.; Applicant: Lawrence Molai N.O.; Applicant: Muhammad Uthman Thabang Richard Molai N.O.; Respondent: Willem Johannes Nortier; Respondent: All Unlawful Occupiers of Portion 84 (a portion of portion 9) of the farm Leeuwfontein 299 Registration Division JR, Gauteng Province; Respondent: City of Tshwane Metro Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 January 2022
Case Number
25764/20
Procedural Posture
Eviction Application / Final Judgment After Opposed Application and Postponement Request
Outcome
Eviction order granted in favour of the applicants; postponement refused.
Judges
DT Skosana
Legal Topics
Prevention of Illegal Eviction Act, Eviction of Unlawful Occupiers, Right of Retention, Postponement of Proceedings
Land and Property Civil Procedure Prevention of Illegal Eviction Act Eviction of Unlawful Occupiers Right of Retention Postponement of Proceedings

Case Brief

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Parties

Ebony Trust

Applicant

Molemo Molai N.O.

Applicant

Tshepo Molai N.O.

Applicant

Lawrence Molai N.O.

Applicant

Muhammad Uthman Thabang Richard Molai N.O.

Applicant

Willem Johannes Nortier

Respondent

All Unlawful Occupiers of Portion 84 (a portion of portion 9) of the farm Leeuwfontein 299 Registration Division JR, Gauteng Province

Respondent

City of Tshwane Metro Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment After Opposed Application and Postponement Request

Legal Issues

  1. 1 Whether the applicants are entitled to evict the respondents from the property.
  2. 2 Whether the respondents have established grounds for postponement of the eviction application.
  3. 3 Whether any valid defence exists to resist eviction under the Prevention of Illegal Eviction From and Occupation of Land Act.

Ratio Decidendi

The applicants proved ownership of the property and unlawful occupation by the respondents, who failed to pay rent or rates and taxes since 2015. The respondents' application for postponement was not supported by sufficient facts and was due to their own neglect in securing proper legal representation. The alleged new defences were not new and had already been addressed in the affidavits. The respondents' continued occupation caused ongoing prejudice and unjust enrichment at the applicants' expense. The requirements for eviction under the Prevention of Illegal Eviction From and Occupation of Land Act were satisfied, and no valid defence was established to resist eviction. The interests of...

Court Disposition

Eviction order granted in favour of the applicants; postponement refused.

Orders

  • The respondents are evicted from portion 84 (a portion of portion 9) of the farm Leeuwfontein 299 Registration Division JR, Gauteng Province.
  • The application for postponement is refused.