Kgatitswe v Kgapola and Others (40058/2010) [2015] ZAGPPHC 464 (9 June 2015)

Kgatitswe v Kgapola and Others (40058/2010) [2015] ZAGPPHC 464 (9 June 2015)

The court found that the applicant did not specifically deny the first respondent's allegations regarding the sale and transfer of the property to the second and third respondents, and thus inferred admission of those facts. There was no evidence that the new owners had knowledge of the spoliation or pending proceedings when they acquired the property. As the first respondent was no longer in possession and the new owners were not shown to have deprived the applicant of possession with knowledge of the spoliation, granting a spoliation order would have no practical effect. The application was therefore dismissed.

Citation
[2015] ZAGPPHC 464
Parties
Applicant: Ursula Matlala Kgatitswe; Respondent: Eddie Kgapola; Respondent: Occupants of Erf 6129 Sauuville; Respondent: Lehlogonolo Morongwa Masenya
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 June 2015
Case Number
40058/2010
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed with costs.
Judges
E M Kubushi
Legal Topics
Spoliation Order, Restoration of Possession, Transfer of Property, Urgent Application
Civil Procedure Land and Property Spoliation Order Restoration of Possession Transfer of Property Urgent Application

Case Brief

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Parties

Ursula Matlala Kgatitswe

Applicant

Eddie Kgapola

Respondent

Occupants of Erf 6129 Sauuville

Respondent

Lehlogonolo Morongwa Masenya

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant was unlawfully deprived of possession of the property.
  2. 2 Whether a spoliation order can be granted under the prevailing circumstances.
  3. 3 Whether the new owners had knowledge of the spoliation or pending proceedings when they took possession.

Ratio Decidendi

The court found that the applicant did not specifically deny the first respondent's allegations regarding the sale and transfer of the property to the second and third respondents, and thus inferred admission of those facts. There was no evidence that the new owners had knowledge of the spoliation or pending proceedings when they acquired the property. As the first respondent was no longer in possession and the new owners were not shown to have deprived the applicant of possession with knowledge of the spoliation, granting a spoliation order would have no practical effect. The application was therefore dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.