Ludi v Meyer and Others (Reasons) (5356/2023) [2025] ZAMPMBHC 13 (24 January 2025)

Ludi v Meyer and Others (Reasons) (5356/2023) [2025] ZAMPMBHC 13 (24 January 2025)

The court found that the founding affidavit was properly commissioned, as the commissioner was not an attorney and acted only in the course of her employment, in line with statutory regulations and case law. The applicant retained locus standi to institute eviction proceedings, as the cession to the bank only affected the right to claim rentals, not the right to evict unlawful occupiers. The respondents were not occupiers under ESTA, as they were residential tenants and the property was rated as residential, making PIE the applicable legislation. The respondents failed to establish a valid defence to eviction, as their circumstances did not render them destitute or homeless, and they had...

Citation
[2025] ZAMPMBHC 13
Parties
Applicant: Gerhard Gunther Ludi; Respondent: Justus Meyer; Respondent: Susanna Sophia Meyer; Respondent: Unlawful Occupiers Occupying Through the First and Second Respondent; Respondent: The City of Mbombela Municipality
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
24 January 2025
Case Number
5356/2023
Procedural Posture
Eviction Application / Reasons for Judgment Following Grant of Eviction Order
Outcome
Eviction order granted against the first and second respondents and all persons under their authority; points in limine dismissed; costs awarded to the applicant.
Judges
Mangena
Legal Topics
Eviction Proceedings, Commissioning of Affidavits, Locus Standi, Pie Act, Esta Act
Land and Property Civil Procedure Eviction Proceedings Commissioning of Affidavits Locus Standi Pie Act Esta Act

Case Brief

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Parties

Gerhard Gunther Ludi

Applicant

Justus Meyer

Respondent

Susanna Sophia Meyer

Respondent

Unlawful Occupiers Occupying Through the First and Second Respondent

Respondent

The City of Mbombela Municipality

Respondent

Procedural Posture

Eviction Application / Reasons for Judgment Following Grant of Eviction Order

Legal Issues

  1. 1 Whether the applicant's founding affidavit was improperly commissioned and thus invalid.
  2. 2 Whether the applicant had locus standi to institute eviction proceedings given the mortgage cession.
  3. 3 Whether the correct legislation was applied to the eviction proceedings (PIE vs ESTA).

Ratio Decidendi

The court found that the founding affidavit was properly commissioned, as the commissioner was not an attorney and acted only in the course of her employment, in line with statutory regulations and case law. The applicant retained locus standi to institute eviction proceedings, as the cession to the bank only affected the right to claim rentals, not the right to evict unlawful occupiers. The respondents were not occupiers under ESTA, as they were residential tenants and the property was rated as residential, making PIE the applicable legislation. The respondents failed to establish a valid defence to eviction, as their circumstances did not render them destitute or homeless, and they had...

Court Disposition

Eviction order granted against the first and second respondents and all persons under their authority; points in limine dismissed; costs awarded to the applicant.

Orders

  • The first and second respondents, together with all persons under their authority, are ordered to vacate the property described as D[...] C[...] farm, farm 1[...] T[...] W[...] R[...] Estates, Central sections Agricultural Holdings, Mbombela, by no later than 31 May 2025.
  • Ancillary orders relating to the date and time of eviction are granted as per the main order.