Gumbi v Ralstan Investments (Pty) Limited (13430/2022) [2022] ZAGPJHC 216 (9 April 2022)

Gumbi v Ralstan Investments (Pty) Limited (13430/2022) [2022] ZAGPJHC 216 (9 April 2022)

The court found that the applicant was in free and undisturbed possession of the premises until she was locked out by the respondent without a court order. The respondent's version was rejected as far-fetched and untenable. The mandament van spolie is a summary remedy to restore possession, regardless of the underlying lease dispute or the lawfulness of the applicant's occupation. The respondent's actions amounted to unlawful self-help, and the applicant was entitled to immediate restoration of possession and occupation of the premises. The matter was urgent due to the impact on the applicant's practice and the welfare of her animals. Costs were awarded to the applicant as the successful...

Citation
[2022] ZAGPJHC 216
Parties
Applicant: Gumbi, Thabi Hazel; Respondent: Ralstan Investments (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 April 2022
Case Number
13430/2022
Procedural Posture
Urgent Application / Opposed Urgent Application for Mandament Van Spolie
Outcome
Application granted; possession and occupation of the premises restored to the applicant; costs awarded against the respondent.
Judges
Adams
Legal Topics
Mandament Van Spolie, Spoliation, Urgent Interdict, Possession of Premises, Eviction Proceedings
Civil Procedure Land and Property Mandament Van Spolie Spoliation Urgent Interdict Possession of Premises Eviction Proceedings

Case Brief

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Parties

Gumbi, Thabi Hazel

Applicant

Ralstan Investments (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Opposed Urgent Application for Mandament Van Spolie

Legal Issues

  1. 1 Whether the applicant was unlawfully dispossessed of possession and occupation of the premises by the respondent.
  2. 2 Whether the matter is urgent and warrants immediate relief.
  3. 3 Whether the applicant is entitled to relief under the mandament van spolie despite the existence of a lease dispute.

Ratio Decidendi

The court found that the applicant was in free and undisturbed possession of the premises until she was locked out by the respondent without a court order. The respondent's version was rejected as far-fetched and untenable. The mandament van spolie is a summary remedy to restore possession, regardless of the underlying lease dispute or the lawfulness of the applicant's occupation. The respondent's actions amounted to unlawful self-help, and the applicant was entitled to immediate restoration of possession and occupation of the premises. The matter was urgent due to the impact on the applicant's practice and the welfare of her animals. Costs were awarded to the applicant as the successful...

Court Disposition

Application granted; possession and occupation of the premises restored to the applicant; costs awarded against the respondent.

Orders

  • The applicant’s urgent application against the respondent succeeds.
  • Possession and occupation of the premises at Shop 1, 621 Jules Street, Malvern, Johannesburg shall be restored to the applicant forthwith and immediately by the respondent and its member.