Gajoo and Another v Kock and Others (2015/33530) [2016] ZAGPJHC 82 (4 May 2016)

Gajoo and Another v Kock and Others (2015/33530) [2016] ZAGPJHC 82 (4 May 2016)

The applicants, as registered owners, have complied with the PIE Act and are entitled to seek eviction. The respondents have failed to present any bona fide defence or pursue rescission of judgment, and do not fall within the vulnerable categories requiring special protection or municipal intervention. The court finds no extraordinary circumstances justifying refusal of eviction. The applicants have been deprived of the beneficial use of their property, and the respondents have the means to secure alternative accommodation. It is just and equitable to order eviction, with a two-month period granted for the respondents to vacate the property.

Citation
[2016] ZAGPJHC 82
Parties
Applicant: Diran Gajoo; Applicant: Rishana Balkissoon; Respondent: Daniel Kock; Respondent: All Unlawful Occupiers of Portion [2….] of Erf [6….], [N……], situate at [2…..] [P……], 3rd Road, [N…….], [R…..] Extension [4……]; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 May 2016
Case Number
2015/33530
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction granted; respondents to vacate property within two months; costs awarded to applicants.
Judges
L Adams
Legal Topics
Prevention of Illegal Eviction Act, Eviction Proceedings, Summary Judgment, Just and Equitable Test, Adequate Housing Rights, Rescission of Judgment
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Eviction Proceedings Summary Judgment Just and Equitable Test Adequate Housing Rights +1 more

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Parties

Diran Gajoo

Applicant

Rishana Balkissoon

Applicant

Daniel Kock

Respondent

All Unlawful Occupiers of Portion [2….] of Erf [6….], [N……], situate at [2…..] [P……], 3rd Road, [N…….], [R…..] Extension [4……]

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to evict the respondents from the property under the PIE Act.
  2. 2 Whether the respondents have a bona fide defence to the eviction application.
  3. 3 Whether it is just and equitable to order eviction in the circumstances, considering constitutional rights and alternative accommodation.

Ratio Decidendi

The applicants, as registered owners, have complied with the PIE Act and are entitled to seek eviction. The respondents have failed to present any bona fide defence or pursue rescission of judgment, and do not fall within the vulnerable categories requiring special protection or municipal intervention. The court finds no extraordinary circumstances justifying refusal of eviction. The applicants have been deprived of the beneficial use of their property, and the respondents have the means to secure alternative accommodation. It is just and equitable to order eviction, with a two-month period granted for the respondents to vacate the property.

Court Disposition

Eviction granted; respondents to vacate property within two months; costs awarded to applicants.

Orders

  • The first and second respondents, together with all those occupying the property by virtue of their occupation thereof, including their family and/or employees, are evicted from the property.
  • The first and second respondents, together with all those occupying the property by virtue of their occupation thereof, including their family and/or employees, are to vacate the property by no later than 30 June 2016.