JGK Engineering (Pty) Ltd v Quarry Master CC and Others (2022-62072) [2023] ZAGPJHC 16 (16 January 2023)

JGK Engineering (Pty) Ltd v Quarry Master CC and Others (2022-62072) [2023] ZAGPJHC 16 (16 January 2023)

The application for a stay of execution must fail because the warrants of ejectment have already been executed, rendering a stay moot. The applicant's subsequent unlawful reoccupation of the premises constitutes self-help and abuse of process. The application is further barred by res judicata and lis pendens, as the same relief was previously sought and dismissed in the Magistrates' Court, with appeals pending. The applicant misled the Magistrate by failing to disclose its eviction, which materially influenced the granting of interim orders. Justice does not require the granting of a stay, as it would reward improper conduct. The respondents, as owners, are entitled to vindicatory relief...

Citation
[2023] ZAGPJHC 16
Parties
Applicant: JGK Engineering (Pty) Ltd; Respondent: Quarry Master CC; Respondent: Andries Stefanus du Toit; Respondent: Cecilia Maria Magdalena du Toit
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 January 2023
Case Number
2022-62072
Procedural Posture
Urgent Application / Application for Urgent Stay of Execution and Counterapplication for Ejectment
Outcome
Application for stay of eviction dismissed; counterapplication for ejectment granted.
Judges
Bester
Legal Topics
Stay of Execution, Ejectment, Res Judicata, Lis Pendens, Abuse of Process, Vindicatory Relief
Civil Procedure Land and Property Stay of Execution Ejectment Res Judicata Lis Pendens Abuse of Process Vindicatory Relief

Case Brief

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Parties

JGK Engineering (Pty) Ltd

Applicant

Quarry Master CC

Respondent

Andries Stefanus du Toit

Respondent

Cecilia Maria Magdalena du Toit

Respondent

Procedural Posture

Urgent Application / Application for Urgent Stay of Execution and Counterapplication for Ejectment

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of warrants of ejectment that have already been executed.
  2. 2 Whether the application is barred by res judicata and lis pendens due to prior proceedings and pending appeals.
  3. 3 Whether the applicant's conduct in regaining possession of the premises constitutes abuse of process and unlawful self-help.

Ratio Decidendi

The application for a stay of execution must fail because the warrants of ejectment have already been executed, rendering a stay moot. The applicant's subsequent unlawful reoccupation of the premises constitutes self-help and abuse of process. The application is further barred by res judicata and lis pendens, as the same relief was previously sought and dismissed in the Magistrates' Court, with appeals pending. The applicant misled the Magistrate by failing to disclose its eviction, which materially influenced the granting of interim orders. Justice does not require the granting of a stay, as it would reward improper conduct. The respondents, as owners, are entitled to vindicatory relief...

Court Disposition

Application for stay of eviction dismissed; counterapplication for ejectment granted.

Orders

  • The application for a stay of eviction under case numbers 1002/2022 and 1003/2022 in the Magistrates’ Court for the District of Brakpan is dismissed.
  • The Sheriff of this Court is authorised and directed to evict the applicant from the properties known as Erven 64 and 65 Maryvlei Township Extension 12, situated at 33 Greer Street, Vulcania, Brakpan, as well as all persons claiming occupation through or under the applicant.