Engelbrecht N.O and Others v Maluleke and Others (11334/2022) [2024] ZALMPPHC 137 (16 August 2024)

Engelbrecht N.O and Others v Maluleke and Others (11334/2022) [2024] ZALMPPHC 137 (16 August 2024)

The court found that the 1st Respondent breached the lease agreement by failing to pay rent and accrued arrears, and that the Applicants lawfully cancelled the lease. The Respondents remained in unlawful occupation of the property. The Applicants complied fully with the procedural requirements of the PIE Act, including service of notices and authorization by the court. The Respondents failed to file any answering affidavits or substantive opposition, and attempts to delay the proceedings by appealing interlocutory orders were found to be frivolous and without merit. The court held that it was just and equitable to grant an eviction order, and that the Respondents are liable for costs on...

Citation
[2024] ZALMPPHC 137
Parties
Applicant: Karin Engelbrecht N.O.; Applicant: Stephanus Paulus Engelbrecht N.O.; Applicant: The Office of Stellenbosch (Pty) Ltd (represented by Ilzemarie Knoetze N.O.); Applicant: SP & K Properties 1 (Pty) Ltd; Respondent: Tsundzuka Kevin Maluleke; Respondent: The Unknown Occupiers of Unit No. [...], J[...], B[...] Street, N[...] Estate, Bendor, Polokwane, Limpopo Province; Respondent: The Polokwane Local Municipality
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
16 August 2024
Case Number
11334/2022
Procedural Posture
Eviction Application / Final Judgment After Unopposed Hearing
Outcome
Eviction order granted against the 1st and 2nd Respondents and all persons occupying through them; lease cancellation confirmed; costs awarded on attorney and own client scale.
Judges
T.C. Tshidada
Legal Topics
Unlawful Occupation, Eviction Procedure, Prevention of Illegal Eviction Act, Lease Agreement Breach, Costs on Attorney and Own Client Scale
Land and Property Civil Procedure Unlawful Occupation Eviction Procedure Prevention of Illegal Eviction Act Lease Agreement Breach Costs on Attorney and Own Client Scale

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Parties

Karin Engelbrecht N.O.

Applicant

Stephanus Paulus Engelbrecht N.O.

Applicant

The Office of Stellenbosch (Pty) Ltd (represented by Ilzemarie Knoetze N.O.)

Applicant

SP & K Properties 1 (Pty) Ltd

Applicant

Tsundzuka Kevin Maluleke

Respondent

The Unknown Occupiers of Unit No. [...], J[...], B[...] Street, N[...] Estate, Bendor, Polokwane, Limpopo Province

Respondent

The Polokwane Local Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment After Unopposed Hearing

Legal Issues

  1. 1 Whether the lease agreement was lawfully cancelled due to breach by the 1st Respondent.
  2. 2 Whether the occupation of the property by the 1st and 2nd Respondents is unlawful.
  3. 3 Whether the requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE Act) were complied with.

Ratio Decidendi

The court found that the 1st Respondent breached the lease agreement by failing to pay rent and accrued arrears, and that the Applicants lawfully cancelled the lease. The Respondents remained in unlawful occupation of the property. The Applicants complied fully with the procedural requirements of the PIE Act, including service of notices and authorization by the court. The Respondents failed to file any answering affidavits or substantive opposition, and attempts to delay the proceedings by appealing interlocutory orders were found to be frivolous and without merit. The court held that it was just and equitable to grant an eviction order, and that the Respondents are liable for costs on...

Court Disposition

Eviction order granted against the 1st and 2nd Respondents and all persons occupying through them; lease cancellation confirmed; costs awarded on attorney and own client scale.

Orders

  • The cancellation of the lease agreement is confirmed.
  • The 1st and 2nd Respondents and all persons occupying the property through them are ordered to vacate the property by no later than 30 June 2024.