Hotazel Developments (Pty) Ltd v Mnisi and Others (1024/2020) [2021] ZAMPMBHC 20 (9 June 2021)

Hotazel Developments (Pty) Ltd v Mnisi and Others (1024/2020) [2021] ZAMPMBHC 20 (9 June 2021)

The court found that the applicant had locus standi, as ownership and control of the property were sufficiently established. The first respondent and others were not occupiers as defined in PIE, based on their own admissions and a previous court order. The previous order interdicts the respondents from occupying or entering the property, and their continued occupation is in clear defiance of that order. The PIE defence was rejected, as the respondents did not qualify for its protection. The Rule 6(15) striking out application was dismissed as the challenged material was relevant and no prejudice was shown. The applicant was entitled to eviction and ancillary relief, and the first...

Citation
[2021] ZAMPMBHC 20
Parties
Applicant: Hotazel Developments (Pty) Ltd; Respondent: Sinky Thomas Mnisi
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
9 June 2021
Case Number
1024/2020
Procedural Posture
Eviction Application / Judgment After Opposed Application
Outcome
Application granted in part; eviction order issued against first respondent and all other persons occupying the house; Rule 6(15) application dismissed; punitive costs awarded against first respondent.
Judges
Roelofse AJ
Legal Topics
Prevention of Illegal Eviction Act, Locus Standi, Rule 6 15 Striking Out, Eviction Procedure, Unlawful Occupation, Costs on Punitive Scale
Land and Property Civil Procedure Prevention of Illegal Eviction Act Locus Standi Rule 6 15 Striking Out Eviction Procedure Unlawful Occupation Costs on Punitive Scale

Case Brief

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Parties

Hotazel Developments (Pty) Ltd

Applicant

Sinky Thomas Mnisi

Respondent

Procedural Posture

Eviction Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant has locus standi to seek eviction of the first respondent and others from the property.
  2. 2 Whether the first respondent and others are unlawful occupiers as defined in PIE.
  3. 3 Whether the previous court order interdicts the respondents from occupying or entering the property.

Ratio Decidendi

The court found that the applicant had locus standi, as ownership and control of the property were sufficiently established. The first respondent and others were not occupiers as defined in PIE, based on their own admissions and a previous court order. The previous order interdicts the respondents from occupying or entering the property, and their continued occupation is in clear defiance of that order. The PIE defence was rejected, as the respondents did not qualify for its protection. The Rule 6(15) striking out application was dismissed as the challenged material was relevant and no prejudice was shown. The applicant was entitled to eviction and ancillary relief, and the first...

Court Disposition

Application granted in part; eviction order issued against first respondent and all other persons occupying the house; Rule 6(15) application dismissed; punitive costs awarded against first respondent.

Orders

  • The Rule 6(15) application is dismissed.
  • Prayer 1 of the notice of motion is dismissed.