Lismer Properties CC and Others v Bhorat and Others (45028/20) [2023] ZAGPPHC 1199 (20 September 2023)

Lismer Properties CC and Others v Bhorat and Others (45028/20) [2023] ZAGPPHC 1199 (20 September 2023)

The court found that the applicants proved ownership and that the respondents were in occupation. The respondents failed to establish a valid oral lease agreement, as the WhatsApp exchange did not result in a concluded contract and no written agreement was signed by the intended parties. The respondents did not pay rent, rates, or utilities, and their continued occupation prejudiced the insolvent estate and its creditors. The respondents are not destitute and can afford alternative accommodation. The court held that the occupation was unlawful and that immediate eviction was just and equitable under the PIE Act, considering the interests of the creditors and the absence of any valid...

Citation
[2023] ZAGPPHC 1199
Parties
Applicant: Lismer Properties CC; Applicant: Renette Leathern N.O.; Applicant: Jerifanos Mashamba N.O.; Applicant: William Leathern N.O.; Respondent: Ahmed Dawood Bhorat; Respondent: Shehnaz Libanda; Respondent: Yusuf Bhorat; Respondent: Riaz Bhorat; Respondent: Raiesa Bhorat; Respondent: All other unlawful occupants of Unit 5, San Remo, Pamin Road, Bedfordview occupying through the first to fifth respondent; Respondent: Ekurhuleni Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 September 2023
Case Number
45028/20
Procedural Posture
Urgent Application / Eviction Application Under PIE Act
Outcome
Application granted; respondents ordered to vacate property by 13 October 2023.
Judges
NV Khumalo
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Oral Lease Agreement, Eviction Procedure, Burden of Proof, Just and Equitable Eviction
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Oral Lease Agreement Eviction Procedure Burden of Proof Just and Equitable Eviction

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Parties

Lismer Properties CC

Applicant

Renette Leathern N.O.

Applicant

Jerifanos Mashamba N.O.

Applicant

William Leathern N.O.

Applicant

Ahmed Dawood Bhorat

Respondent

Shehnaz Libanda

Respondent

Yusuf Bhorat

Respondent

Riaz Bhorat

Respondent

Raiesa Bhorat

Respondent

All other unlawful occupants of Unit 5, San Remo, Pamin Road, Bedfordview occupying through the first to fifth respondent

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Eviction Application Under PIE Act

Legal Issues

  1. 1 Whether the respondents are in unlawful occupation of the property and subject to eviction.
  2. 2 Whether a valid oral lease agreement exists entitling respondents to remain until transfer.
  3. 3 Whether immediate eviction is just and equitable under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Ratio Decidendi

The court found that the applicants proved ownership and that the respondents were in occupation. The respondents failed to establish a valid oral lease agreement, as the WhatsApp exchange did not result in a concluded contract and no written agreement was signed by the intended parties. The respondents did not pay rent, rates, or utilities, and their continued occupation prejudiced the insolvent estate and its creditors. The respondents are not destitute and can afford alternative accommodation. The court held that the occupation was unlawful and that immediate eviction was just and equitable under the PIE Act, considering the interests of the creditors and the absence of any valid...

Court Disposition

Application granted; respondents ordered to vacate property by 13 October 2023.

Orders

  • The first to fifth respondents and all persons occupying through them are evicted from Unit 5 San Remo, 1[…] Pamin Road, Bedfordview, and must vacate by 13 October 2023.
  • The Sheriff of the High Court is authorized to evict the respondents if they do not vacate by the prescribed date.