Kgwele and Others v SK Enterprise and Others (21/38077) [2023] ZAGPJHC 719 (20 June 2023)

Kgwele and Others v SK Enterprise and Others (21/38077) [2023] ZAGPJHC 719 (20 June 2023)

The court found that the oral lease agreements between the applicants and the first respondent were valid and enforceable, as there is no statutory requirement for leases to be in writing and the first respondent was properly mandated by the owner, with ratification of prior acts. The applicants failed to establish a legal or factual basis for compelling the respondents to render financial accounts or pay municipal rates and taxes, and relief against the owner was incompetent as he was not joined as a party. The application for an interdict against eviction was premature, as no eviction proceedings had commenced, and the requirements for a final interdict were not met. However, the...

Citation
[2023] ZAGPJHC 719
Parties
Applicant: Esther Kgwele; Applicant: William Themba Khumalo; Applicant: Memory Moyo; Applicant: Maluleke Sibanda; Applicant: Tumelani Ngwenya; Respondent: SK Enterprise; Respondent: Frank Ndlovu (Caretaker); Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Commissioner of Companies and Intellectual Property Commission; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 June 2023
Case Number
21/38077
Procedural Posture
Urgent Application / Opposed Motion Court; Final Judgment
Outcome
Application granted in part; restoration of water and electricity ordered; costs awarded to applicants.
Judges
M. Olivier
Legal Topics
Mandament Van Spolie, Lease Agreement Validity, Eviction Interdict, Municipal Services Disconnection, Fiduciary Duty to Account
Land and Property Civil Procedure Mandament Van Spolie Lease Agreement Validity Eviction Interdict Municipal Services Disconnection Fiduciary Duty to Account

Case Brief

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Parties

Esther Kgwele

Applicant

William Themba Khumalo

Applicant

Memory Moyo

Applicant

Maluleke Sibanda

Applicant

Tumelani Ngwenya

Applicant

SK Enterprise

Respondent

Frank Ndlovu (Caretaker)

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Commissioner of Companies and Intellectual Property Commission

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Urgent Application / Opposed Motion Court; Final Judgment

Legal Issues

  1. 1 Whether the oral lease agreement between the applicants and first respondent is valid and enforceable.
  2. 2 Whether the first and second respondents had authority to conclude lease agreements and collect rentals.
  3. 3 Whether the applicants are entitled to an interdict restraining eviction and disconnection of municipal services.

Ratio Decidendi

The court found that the oral lease agreements between the applicants and the first respondent were valid and enforceable, as there is no statutory requirement for leases to be in writing and the first respondent was properly mandated by the owner, with ratification of prior acts. The applicants failed to establish a legal or factual basis for compelling the respondents to render financial accounts or pay municipal rates and taxes, and relief against the owner was incompetent as he was not joined as a party. The application for an interdict against eviction was premature, as no eviction proceedings had commenced, and the requirements for a final interdict were not met. However, the...

Court Disposition

Application granted in part; restoration of water and electricity ordered; costs awarded to applicants.

Orders

  • The first and second respondents are ordered to restore access to water and electricity to each of the units occupied by the applicants, with immediate effect.
  • The first and second respondents are to pay the costs of this application on a party and party scale.