Gecelter NO v Nare and Others (14722/03) [2004] ZAGPHC 32 (6 October 2004)

Gecelter NO v Nare and Others (14722/03) [2004] ZAGPHC 32 (6 October 2004)

The applicant, as executrix of the estate of the late Morris Wynne, is the only person with locus standi to bring the eviction application, as the property remains registered in the deceased's name. The cancellation notices, though issued by Double-Quick Properties 72 CC as agent, were valid, and the respondents conceded the agency relationship. The respondents have not paid rent and are in breach of their lease agreements, and their contracts have validly come to an end. However, given the respondents' financial circumstances and lengthy occupation, immediate eviction would be unfair. The court therefore orders eviction to take effect from 15 November 2004, allowing respondents...

Citation
[2004] ZAGPHC 32
Parties
Applicant: Sybel Gecelter N.O.; Respondent: Cainot Thabang Nare & 17 Others
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
6 October 2004
Case Number
14722/03
Procedural Posture
Eviction Application / First Instance
Outcome
Eviction granted with delayed effect; no costs order made.
Judges
Willis
Legal Topics
Eviction, Locus Standi, Breach of Lease, Notice of Cancellation
Land and Property Civil Procedure Eviction Locus Standi Breach of Lease Notice of Cancellation

Case Brief

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Parties

Sybel Gecelter N.O.

Applicant

Cainot Thabang Nare & 17 Others

Respondent

Procedural Posture

Eviction Application / First Instance

Legal Issues

  1. 1 Whether the applicant has locus standi to bring the eviction application.
  2. 2 Whether the cancellation notices served on the respondents were valid.
  3. 3 Whether the respondents are entitled to remain in occupation despite non-payment of rent.

Ratio Decidendi

The applicant, as executrix of the estate of the late Morris Wynne, is the only person with locus standi to bring the eviction application, as the property remains registered in the deceased's name. The cancellation notices, though issued by Double-Quick Properties 72 CC as agent, were valid, and the respondents conceded the agency relationship. The respondents have not paid rent and are in breach of their lease agreements, and their contracts have validly come to an end. However, given the respondents' financial circumstances and lengthy occupation, immediate eviction would be unfair. The court therefore orders eviction to take effect from 15 November 2004, allowing respondents...

Court Disposition

Eviction granted with delayed effect; no costs order made.

Orders

  • Eviction of the respondents and all occupants of Winray Court, Erf 3520, 96 Twist Street, Hillbrow, to take effect on 15 November 2004.
  • Relief in prayer 2 of the claim is granted, with the relevant date set as 15 November 2004.