Fawd Investments (Pty) Ltd v Cruz and Others (2022/21239) [2024] ZAGPJHC 1081 (22 October 2024)
The court found that the applicants failed to demonstrate any reasonable prospect that another court would reach a different conclusion regarding the eviction order. The factual and legal findings in the main judgment were sound and no compelling reason was advanced for leave to appeal. Accordingly, the application...
Source-derived case information.
- Citation
- [2024] ZAGPJHC 1081
- Parties
- Applicant: Fawd Investments (Pty) Ltd; Respondent: Jose Da Cruz; Respondent: The Unlawful Occupiers of Unit [...] M[...] B[...] H[...]; Respondent: Rui Miguel De Figueiredo N.O., the Trustee for the Time Being of the LWWS Holding Trust with registration number IT3059/04 (T); Respondent: Tanya Rocha N.O., the Trustee for the Time Being of the LWWS Holding Trust with registration number IT3059/04(T); Respondent: Maria Da Conceicao De Freita Vasconcelos N.O., the Trustee for the Time Being of the LWWS Holding Trust with registration number IT3059/04(T); Respondent: Redlex 297 (Pty) Ltd; Respondent: Revenue Asset Protection Services; Respondent: Mario Alexandre De Figuriedo Rocha; Respondent: The Minister of Police; Respondent: Ekhuruleni Metropolitan Municipality
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2022/21239
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Eviction Judgment
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- GC Wright
- Legal Topics
- Leave to Appeal, Eviction Proceedings, Prospects of Success, Costs Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fawd Investments (Pty) Ltd
Applicant
Jose Da Cruz
Respondent
The Unlawful Occupiers of Unit [...] M[...] B[...] H[...]
Respondent
Rui Miguel De Figueiredo N.O., the Trustee for the Time Being of the LWWS Holding Trust with registration number IT3059/04 (T)
Respondent
Tanya Rocha N.O., the Trustee for the Time Being of the LWWS Holding Trust with registration number IT3059/04(T)
Respondent
Maria Da Conceicao De Freita Vasconcelos N.O., the Trustee for the Time Being of the LWWS Holding Trust with registration number IT3059/04(T)
Respondent
Redlex 297 (Pty) Ltd
Respondent
Revenue Asset Protection Services
Respondent
Mario Alexandre De Figuriedo Rocha
Respondent
The Minister of Police
Respondent
Ekhuruleni Metropolitan Municipality
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Judgment
Legal Issues
- 1 Whether the applicants have reasonable prospects of success on appeal.
- 2 Whether there are compelling reasons to grant leave to appeal against the eviction order.
- 3 Whether costs should be awarded against the applicants.
Ratio Decidendi
The court found that the applicants failed to demonstrate any reasonable prospect that another court would reach a different conclusion regarding the eviction order. The factual and legal findings in the main judgment were sound and no compelling reason was advanced for leave to appeal. Accordingly, the application for leave to appeal was dismissed. The applicants were ordered to pay the costs of the respondent, Fawd Investments (Pty) Ltd, jointly and severally.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed.
- Applicants 1-4, 7 and 8 are jointly and severally ordered to pay the costs of the respondent, Fawd Investments (Pty) Ltd.
Full Case Text
Judgment text and source record
24 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2022/21239
1. Reportable: No
2. Of interest to other judges: No
3. Revised
22 October 2024
FAWD INVESTMENTS (PTY) LTD In the main application Applicant and JOSE DA CRUZ 1st Respondent In the main application THE UNLAWFUL OCCUPIERS OF UNIT […] M[…] B[…] H[…] 2nd Respondent RUI MIGUEL DE FIGUEIREDO N.O., THE TRUSTEE FOR THE TIME BEING OF THE LWWS HOLDING TRUST WITH REGISTRATION NUMBER IT3059/04 (T) 3rd Respondent TANYA ROCHA N.O., THE TRUSTEE FOR THE TIME BEING OF THE LWWS HOLDING TRUST WITH REGISTRATIONNUMBER IT3059/04(T) 4th Respondent MARIA DA CONCEICAO DE FREITA VASCONCELOS N.O., THE TRUSTEE FOR THE TIME BEING OF THE LWWS HOLDING TRUST WITH REGISTRATION NUMBER IT3059/04(T) 5th Respondent REDLEX 297 (PTY) LTD 6th Respondent REVENUE ASSET PROTECTION SERVICES 7th Respondent MARIO ALEXANDRE DE FIGURIEDO ROSHA 8th Respondent THE MINISTER OF POLICE 9th Respondent EKHURULENI METROPOLITAN MUNICIPALITY 10th Respondent
JUDGMENT - APPLICATION FOR LEAVE TO APPEAL
WRIGHT J
1. On 24 July 2024, I handed down a typed, signed judgment in an application to evict certain respondents from a building in Bedfordview.
2. Now respondents 1-4 and 7 and 8 in that main application apply for leave to appeal.
3. In my view, these present applicants have no reasonable prospect on appeal nor is there compelling reason to grant leave.
ORDER
1. The application for leave to appeal is dismissed.
2. The present applicants 1- 4 and 7 and 8 are jointly and severally to pay the costs of the present respondent, Fawd.
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD: 22 October 2024
DELIVERED: 22 October 2024
APPEARANCES:
Applicant in the main application Advocate Johan Nel 083 448 9535 cicnel@rsabar.com Instructed by KAVEER GUINESS INCOPORATED 087 265 6078 kaveer@kginc.co.za Respondents 1, 2, 3, 4, 6, 7 and 8 in the main application - Mr Tim Dunn 073 665 8663 tim@tjcdunnattorneys.co.za Instructed by TIM DUNN ATTORNEYS 073 665 8663 tim@tjcdunnattorneys.co.za