Hlomane v Hlomane (15690/0) [2002] ZAGPHC 35 (31 October 2002)

Hlomane v Hlomane (15690/0) [2002] ZAGPHC 35 (31 October 2002)

The court found that the applicant is the registered owner of the property and the respondents have no legal right to remain in occupation, as there is no lease or other lawful basis for their continued presence. The respondents fall within the definition of unlawful occupiers under PIE. The requirements of PIE, including notice and consideration of relevant circumstances, were satisfied. Both parties, through their counsel, agreed that a delayed eviction order would be just and equitable, allowing the respondents six months to vacate. The court commended the parties for their sensible approach and granted the eviction order effective from 1 May 2003, with no order as to costs.

Citation
[2002] ZAGPHC 35
Parties
Applicant: Hlomane, Mpho; Respondent: Hlomane
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
31 October 2002
Case Number
15690/0
Procedural Posture
Civil Application / First Instance
Outcome
Eviction order granted against the respondents, effective after six months; no order as to costs.
Judges
Willis
Legal Topics
Ejectment, Unlawful Occupation, Prevention of Illegal Eviction Act, Just and Equitable Eviction
Land and Property Civil Procedure Ejectment Unlawful Occupation Prevention of Illegal Eviction Act Just and Equitable Eviction

Case Brief

Summary, issues, holding and outcome

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Parties

Hlomane, Mpho

Applicant

Hlomane

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Whether the respondents have any legal right to occupy the property owned by the applicant.
  2. 2 Whether the requirements of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act (PIE) have been met for eviction.
  3. 3 Whether it is just and equitable to grant an eviction order under the circumstances.

Ratio Decidendi

The court found that the applicant is the registered owner of the property and the respondents have no legal right to remain in occupation, as there is no lease or other lawful basis for their continued presence. The respondents fall within the definition of unlawful occupiers under PIE. The requirements of PIE, including notice and consideration of relevant circumstances, were satisfied. Both parties, through their counsel, agreed that a delayed eviction order would be just and equitable, allowing the respondents six months to vacate. The court commended the parties for their sensible approach and granted the eviction order effective from 1 May 2003, with no order as to costs.

Court Disposition

Eviction order granted against the respondents, effective after six months; no order as to costs.

Orders

  • The first and second respondents and all persons claiming possession and occupation under and through them are evicted from the property known as Stand No. 3234 Craig Avenue, Dube Village, Soweto.
  • The eviction order is to take effect from 1 May 2003.