Firstrand Bank Ltd v Slabbert and Others (5398/2011) [2013] ZAFSHC 30 (20 March 2013)

Firstrand Bank Ltd v Slabbert and Others (5398/2011) [2013] ZAFSHC 30 (20 March 2013)

The court found that the authority of the deponent was not properly challenged in terms of rule 7(1), and that the application was prosecuted by attorneys whose authority was not disputed. The trust had no right to lease the property, was never the owner, and the applicant became the registered owner by deed of transfer. The 3rd respondent had no valid legal right to remain in occupation, having failed to pay rent for almost a year. The objections raised by the 3rd respondent regarding authority, sale notice, and transfer registration were without merit. Accordingly, the eviction order was granted.

Citation
[2013] ZAFSHC 30
Parties
Applicant: Firstrand Bank Ltd; Respondent: Chris Slabbert; Respondent: Aletta Johanna Slabbert; Respondent: All the other unlawful occupiers residing on and/or occupying portion of Erf 1982 Bloemfontein, also known as 22 Deane Street, Waverley, Bloemfontein; Respondent: Mangaung Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 March 2013
Case Number
5398/2011
Procedural Posture
Eviction Application / Judgment After Opposed Application
Outcome
Eviction order granted against the 3rd respondent; application succeeded.
Judges
S Ebrahim
Legal Topics
Prevention of Illegal Eviction Act, Authority of Deponent, Sale in Execution, Registration of Transfer, Unlawful Occupation
Land and Property Civil Procedure Prevention of Illegal Eviction Act Authority of Deponent Sale in Execution Registration of Transfer Unlawful Occupation

Case Brief

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Parties

Firstrand Bank Ltd

Applicant

Chris Slabbert

Respondent

Aletta Johanna Slabbert

Respondent

All the other unlawful occupiers residing on and/or occupying portion of Erf 1982 Bloemfontein, also known as 22 Deane Street, Waverley, Bloemfontein

Respondent

Mangaung Local Municipality

Respondent

Procedural Posture

Eviction Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant's deponent had proper authority to institute and prosecute the eviction proceedings.
  2. 2 Whether the notice advertising the sale in execution was valid given the incorrect street address.
  3. 3 Whether the registration of transfer to the applicant was valid despite the sequestration of the trust.

Ratio Decidendi

The court found that the authority of the deponent was not properly challenged in terms of rule 7(1), and that the application was prosecuted by attorneys whose authority was not disputed. The trust had no right to lease the property, was never the owner, and the applicant became the registered owner by deed of transfer. The 3rd respondent had no valid legal right to remain in occupation, having failed to pay rent for almost a year. The objections raised by the 3rd respondent regarding authority, sale notice, and transfer registration were without merit. Accordingly, the eviction order was granted.

Court Disposition

Eviction order granted against the 3rd respondent; application succeeded.

Orders

  • The 3rd respondent is evicted from the premises at 22 Deane Street, Waverley, Bloemfontein.
  • The applicant is entitled to take possession of the property.