Hendricks v Van Niekerk and Others (15679/14) [2015] ZAGPPHC 549 (31 July 2015)

Hendricks v Van Niekerk and Others (15679/14) [2015] ZAGPPHC 549 (31 July 2015)

The court found that the applicant was present when the eviction order was granted and that his attorney returned to court immediately after the order was made. The applicant's claim of ignorance regarding the order was rejected as untruthful. The requirements for eviction were satisfied, and the order clearly stipulated the time for vacation. The applicant failed to provide a reasonable explanation for the delay in filing the application for leave to appeal and did not demonstrate good cause for condonation. The court concluded that there was no reasonable prospect that another court would reach a different conclusion. Due to the applicant and his attorney's lack of honesty, a punitive...

Citation
[2015] ZAGPPHC 549
Parties
Applicant: Johannes Jurgens Hendricks; Respondent: Nicolaas Jacobus Van Niekerk; Respondent: The Nick Van Niekerk Family Trust; Respondent: Icon Hunting Safaris; Respondent: Trinick Beleggings (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 July 2015
Case Number
15679/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Application for condonation dismissed with costs. Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
MNGQIBISA-THUSI
Legal Topics
Condonation, Eviction Order, Just and Equitable Relief, Prevention of Illegal Eviction Act
Civil Procedure Land and Property Condonation Eviction Order Just and Equitable Relief Prevention of Illegal Eviction Act

Case Brief

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Parties

Johannes Jurgens Hendricks

Applicant

Nicolaas Jacobus Van Niekerk

Respondent

The Nick Van Niekerk Family Trust

Respondent

Icon Hunting Safaris

Respondent

Trinick Beleggings (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether condonation for the late filing of the application for leave to appeal should be granted.
  2. 2 Whether the applicant has shown good cause for condonation.
  3. 3 Whether the eviction order was granted in the absence of the applicant.

Ratio Decidendi

The court found that the applicant was present when the eviction order was granted and that his attorney returned to court immediately after the order was made. The applicant's claim of ignorance regarding the order was rejected as untruthful. The requirements for eviction were satisfied, and the order clearly stipulated the time for vacation. The applicant failed to provide a reasonable explanation for the delay in filing the application for leave to appeal and did not demonstrate good cause for condonation. The court concluded that there was no reasonable prospect that another court would reach a different conclusion. Due to the applicant and his attorney's lack of honesty, a punitive...

Court Disposition

Application for condonation dismissed with costs. Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The application for condonation is dismissed with costs.
  • The application for leave to appeal is dismissed with costs on an attorney and client scale.