Khoza and Others v Vosloo and Others (2025/003669) [2025] ZAGPJHC 468 (8 May 2025)

Khoza and Others v Vosloo and Others (2025/003669) [2025] ZAGPJHC 468 (8 May 2025)

The court found that the applicants failed to establish a prima facie right to interim restoration of possession pending rescission. The eviction order was not granted in default, as applicants had filed answering affidavits and were represented, but failed to appear at the hearing without explanation. The...

Source-derived case information.

Citation
[2025] ZAGPJHC 468
Parties
Applicant: Khoza Angeline; Applicant: Hlomendlini Khethukazi; Applicant: Ngqulunga Sweetness Bhabha; Applicant: Aleck Dhlamini; Applicant: Nomfundo Kosi; Applicant: Sympathy Kosi; Applicant: Tinyiko Khoza; Applicant: Brian Mncube; Applicant: Mpume Zungu; Applicant: Nomathemba Hlomendlini; Applicant: Zodwa Hlomendlini; Applicant: Xolani Hlomendlini; Applicant: Zamokuhle Hlomendlini; Applicant: Nandipha Hlomendlini; Applicant: Noluthando Hlomendlini; Applicant: Zenade Hlomendlini; Applicant: Makhosazane Ngqulunga; Applicant: Thandeka Khoza; Applicant: Nelisiwe Nkosi; Applicant: Michaela Khoza; Applicant: Rivongo Khoza; Respondent: Vosloo, Arnoldus Johannes; Respondent: ARTU CC t/a Afcon Housing; Respondent: The Sheriff Johannesburg East; Respondent: The City of Johannesburg Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2025
Case Number
2025/003669
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Rescission; Urgent Court
Outcome
Application dismissed. No order as to costs.
Judges
AP Joubert
Legal Topics
Eviction Proceedings, Interim Interdict, Rescission of Judgment, Municipal Obligations, Section 26 Rights, Condonation
Land and Property Civil Procedure Constitutional Law Eviction Proceedings Interim Interdict Rescission of Judgment Municipal Obligations Section 26 Rights +1 more

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Parties

Khoza Angeline

Applicant

Hlomendlini Khethukazi

Applicant

Ngqulunga Sweetness Bhabha

Applicant

Aleck Dhlamini

Applicant

Nomfundo Kosi

Applicant

Sympathy Kosi

Applicant

Tinyiko Khoza

Applicant

Brian Mncube

Applicant

Mpume Zungu

Applicant

Nomathemba Hlomendlini

Applicant

Zodwa Hlomendlini

Applicant

Xolani Hlomendlini

Applicant

Zamokuhle Hlomendlini

Applicant

Nandipha Hlomendlini

Applicant

Noluthando Hlomendlini

Applicant

Zenade Hlomendlini

Applicant

Makhosazane Ngqulunga

Applicant

Thandeka Khoza

Applicant

Nelisiwe Nkosi

Applicant

Michaela Khoza

Applicant

Rivongo Khoza

Applicant

Vosloo, Arnoldus Johannes

Respondent

ARTU CC t/a Afcon Housing

Respondent

The Sheriff Johannesburg East

Respondent

The City of Johannesburg Municipality

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Rescission; Urgent Court

Legal Issues

  1. 1 Whether the eviction order granted by Bruinders AJ is susceptible to rescission under Rule 42(1) or common law.
  2. 2 Whether the applicants have established a prima facie right to interim restoration of possession pending rescission.
  3. 3 Whether the applicants' failure to place personal circumstances before the court impacts the relief sought.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie right to interim restoration of possession pending rescission. The eviction order was not granted in default, as applicants had filed answering affidavits and were represented, but failed to appear at the hearing without explanation. The applicants' inaction and repeated failure to provide personal and financial circumstances, despite multiple opportunities and directives, undermined their case and prospects of rescission. The absence of a municipal report did not render the eviction order procedurally irregular or unjust, especially given the oral evidence that the City of Johannesburg lacks the capacity to provide...

Court Disposition

Application dismissed. No order as to costs.

Orders

  • The application is dismissed.
  • There is no order as to costs.