Hlongwane v Motsoenyane N.O. and Others (1685/2013) [2015] ZAGPPHC 256 (8 May 2015)

Hlongwane v Motsoenyane N.O. and Others (1685/2013) [2015] ZAGPPHC 256 (8 May 2015)

The court held that the respondents' cause of action was based on the common law rei vindicatio and not on PIE or ESTA. However, the appellant raised a bona fide defence by stating he resides on the farm and denying indebtedness. The court found that the requirements of PIE, specifically the compulsory notice under section 4(2), were not complied with by the respondents. The defence of res judicata could not be sustained due to the absence of records and uncertainty regarding the identity of the parties in previous proceedings. The appeal was upheld, the summary judgment set aside, and the appellant granted leave to defend.

Citation
[2015] ZAGPPHC 256
Parties
Appellant: Zweli Hlongwane; Respondent: Papillon Motsoenyane N.O.; Respondent: Molifi Slatiel Motsoenyane N.O.; Respondent: Madoda Shadack Zibi N.O.; Respondent: Molefe Peter Moalusi N.O.; Respondent: Badiri Anna Mfelang N.O.; Respondent: Natgeji Ketta Tgykil N.O.; Respondent: Molelfe Aaron Motsoenyane N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 May 2015
Case Number
1685/2013
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment
Outcome
Appeal upheld; summary judgment set aside; appellant granted leave to defend.
Judges
De Vos, Strauss
Legal Topics
Rei Vindicatio, Summary Judgment, Res Judicata, Prevention of Illegal Eviction Act, Extension of Security of Tenure Act
Land and Property Civil Procedure Rei Vindicatio Summary Judgment Res Judicata Prevention of Illegal Eviction Act Extension of Security of Tenure Act

Case Brief

Summary, issues, holding and outcome

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Parties

Zweli Hlongwane

Appellant

Papillon Motsoenyane N.O.

Respondent

Molifi Slatiel Motsoenyane N.O.

Respondent

Madoda Shadack Zibi N.O.

Respondent

Molefe Peter Moalusi N.O.

Respondent

Badiri Anna Mfelang N.O.

Respondent

Natgeji Ketta Tgykil N.O.

Respondent

Molelfe Aaron Motsoenyane N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment

Legal Issues

  1. 1 Whether the summary judgment for ejectment was correctly granted against the appellant.
  2. 2 Whether the defence of res judicata applies to the present proceedings.
  3. 3 Whether the requirements of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE) and Extension of Security of Tenure Act (ESTA) were complied with.

Ratio Decidendi

The court held that the respondents' cause of action was based on the common law rei vindicatio and not on PIE or ESTA. However, the appellant raised a bona fide defence by stating he resides on the farm and denying indebtedness. The court found that the requirements of PIE, specifically the compulsory notice under section 4(2), were not complied with by the respondents. The defence of res judicata could not be sustained due to the absence of records and uncertainty regarding the identity of the parties in previous proceedings. The appeal was upheld, the summary judgment set aside, and the appellant granted leave to defend.

Court Disposition

Appeal upheld; summary judgment set aside; appellant granted leave to defend.

Orders

  • The appeal is upheld with costs.
  • The Magistrate’s order is set aside and replaced with the following: (i) The Defendant is granted leave to defend; (ii) The Plaintiffs shall pay the Defendant’s costs pertaining to the application for summary judgment.