Mabathoana and Another v Mothibedi and Others (72834/15) [2024] ZAGPPHC 89 (29 January 2024)

Mabathoana and Another v Mothibedi and Others (72834/15) [2024] ZAGPPHC 89 (29 January 2024)

The court held that the applicants could not rely on the previous eviction order granted to the trustee, as they were not parties to the original proceedings and had not been substituted or joined in place of the trustee. The first respondent was not specifically cited in the original eviction order, and the evidence tying her to the property was not part of the original eviction application. The unidentified illegal occupants were also not joined in the original proceedings, and thus the execution of the warrant of ejectment against them could not be authorised. The applicants acted correctly in abandoning the relief for contempt and committal, and the application for eviction was...

Citation
[2024] ZAGPPHC 89
Parties
Applicant: Makafane Cyril Mabathoana; Applicant: Zanele Desiree Mabathoana; Respondent: Revelation Tshenolo Mothibedi; Respondent: All the unidentified illegal occupants of 6[...] M[...] Street, Kensington, Gauteng; Respondent: The City of Johannesburg Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 January 2024
Case Number
72834/15
Procedural Posture
Urgent Application / Unopposed Motion Court; Application for Contempt and Eviction Orders
Outcome
Application dismissed.
Judges
E M Kubushi
Legal Topics
Eviction Proceedings, Contempt of Court, Joinder of Parties, Substitution of Parties
Civil Procedure Land and Property Eviction Proceedings Contempt of Court Joinder of Parties Substitution of Parties

Case Brief

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Parties

Makafane Cyril Mabathoana

Applicant

Zanele Desiree Mabathoana

Applicant

Revelation Tshenolo Mothibedi

Respondent

All the unidentified illegal occupants of 6[...] M[...] Street, Kensington, Gauteng

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Unopposed Motion Court; Application for Contempt and Eviction Orders

Legal Issues

  1. 1 Whether the applicants have locus standi to seek contempt and eviction orders based on a prior court order where they were not parties to the original proceedings.
  2. 2 Whether the relief for contempt and committal against the first respondent can succeed when she was not cited in the original eviction order.
  3. 3 Whether the execution of the warrant of ejectment can be authorised against unidentified illegal occupants who were not joined in the original eviction proceedings.

Ratio Decidendi

The court held that the applicants could not rely on the previous eviction order granted to the trustee, as they were not parties to the original proceedings and had not been substituted or joined in place of the trustee. The first respondent was not specifically cited in the original eviction order, and the evidence tying her to the property was not part of the original eviction application. The unidentified illegal occupants were also not joined in the original proceedings, and thus the execution of the warrant of ejectment against them could not be authorised. The applicants acted correctly in abandoning the relief for contempt and committal, and the application for eviction was...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.