Jordan v Lowery (2249/2010) [2011] ZAECPEHC 17 (12 May 2011)

Jordan v Lowery (2249/2010) [2011] ZAECPEHC 17 (12 May 2011)

The court found that the respondent's right to occupy the property did not derive from habitatio but from her status as a non-paying tenant, as expressly stated in the addendum to the Deed of Sale. The respondent accepted the terms and conditions of the addendum, which clarified that no right of habitatio would be registered and that she would be regarded as a non-paying tenant with all associated rights and obligations. The respondent breached the agreement by failing to pay electricity charges and engaging in conduct inconsistent with tenancy, justifying the applicant's cancellation of the agreement and entitlement to eviction. The court rejected the respondent's version as untenable...

Citation
[2011] ZAECPEHC 17
Parties
Applicant: Janet Vera Jordan; Respondent: Emily Daisy Lowery
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
12 May 2011
Case Number
2249/2010
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted. Respondent ordered to vacate the property and pay costs.
Judges
N G Beshe
Legal Topics
Eviction, Lease Agreement, Non Paying Tenant, Habitatio, Cancellation of Agreement
Land and Property Civil Procedure Eviction Lease Agreement Non Paying Tenant Habitatio Cancellation of Agreement

Case Brief

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Parties

Janet Vera Jordan

Applicant

Emily Daisy Lowery

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the respondent's right to occupy the property derives from habitatio or from her status as a non-paying tenant.
  2. 2 Whether the applicant was entitled to cancel the agreement and seek eviction.
  3. 3 Whether the respondent breached the terms of the agreement.

Ratio Decidendi

The court found that the respondent's right to occupy the property did not derive from habitatio but from her status as a non-paying tenant, as expressly stated in the addendum to the Deed of Sale. The respondent accepted the terms and conditions of the addendum, which clarified that no right of habitatio would be registered and that she would be regarded as a non-paying tenant with all associated rights and obligations. The respondent breached the agreement by failing to pay electricity charges and engaging in conduct inconsistent with tenancy, justifying the applicant's cancellation of the agreement and entitlement to eviction. The court rejected the respondent's version as untenable...

Court Disposition

Application granted. Respondent ordered to vacate the property and pay costs.

Orders

  • The respondent is ordered to vacate the premises at 23 Thembani Road, Greenbushes, Port Elizabeth within 30 days from the date of this order.
  • The respondent is ordered to pay the costs of this application.