Lumu v Mokgoetsi and Others (91933/16) [2018] ZAGPPHC 793 (31 October 2018)

Lumu v Mokgoetsi and Others (91933/16) [2018] ZAGPPHC 793 (31 October 2018)

The court found that the respondents were in unlawful occupation of the property, as they failed to provide evidence of a valid lease or arrangement with the applicant or his ex-wife. The preliminary point of non-joinder was dismissed because the ex-wife had no material interest following the divorce settlement. The respondent's claim for compensation for improvements was unsupported by evidence. The respondent did not raise the risk of homelessness or provide information warranting limitation of the applicant's property rights. The court concluded that it was just and equitable to grant the eviction order, given the prolonged occupation and repeated opportunities afforded to the...

Citation
[2018] ZAGPPHC 793
Parties
Applicant: Samauel Bosa Lumu; Respondent: Calvinia M Mokgoetsi; Respondent: The Unlawful Occupiers of the Property Known as Erf 136, Malanshof, Gauteng (Nr 77 Jan K Marais Str); Respondent: City of Johannesburg Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 October 2018
Case Number
91933/16
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; respondents found in unlawful occupation and ordered to vacate within 14 days.
Judges
Molahlehi
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Joinder, Improvements and Liens
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Joinder Improvements and Liens

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Parties

Samauel Bosa Lumu

Applicant

Calvinia M Mokgoetsi

Respondent

The Unlawful Occupiers of the Property Known as Erf 136, Malanshof, Gauteng (Nr 77 Jan K Marais Str)

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondents are in unlawful occupation of Erf 136 Malanshof, Gauteng.
  2. 2 Whether the respondents should be evicted from the property under section 4 of PIE.
  3. 3 Whether non-joinder of the applicant's ex-wife is a bar to relief.

Ratio Decidendi

The court found that the respondents were in unlawful occupation of the property, as they failed to provide evidence of a valid lease or arrangement with the applicant or his ex-wife. The preliminary point of non-joinder was dismissed because the ex-wife had no material interest following the divorce settlement. The respondent's claim for compensation for improvements was unsupported by evidence. The respondent did not raise the risk of homelessness or provide information warranting limitation of the applicant's property rights. The court concluded that it was just and equitable to grant the eviction order, given the prolonged occupation and repeated opportunities afforded to the...

Court Disposition

Eviction granted; respondents found in unlawful occupation and ordered to vacate within 14 days.

Orders

  • The First and Second Respondents are declared to be in unlawful occupation of Erf 136 Malanshof, Gauteng.
  • The First Respondent and all those occupying the property are evicted within 14 days of service of this order.