Malki's Investment Trust v Hashi and Others [2023] ZAGPPHC 270; 27673/2022 (6 April 2023)

Malki's Investment Trust v Hashi and Others [2023] ZAGPPHC 270; 27673/2022 (6 April 2023)

The court found that the respondents failed to raise any valid legal defence to the eviction order, with their opposing papers being uncommissioned and lacking substance. The grounds for leave to appeal were vague, speculative, and did not establish any triable issues. The respondents' allegations regarding the...

Source-derived case information.

Citation
[2023] ZAGPPHC 270
Parties
Applicant: Malki's Investment Trust; Respondent: Ali Hashi; Respondent: David Moeti; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 April 2023
Case Number
27673/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal dismissed with costs.
Judges
NN Bam
Legal Topics
Leave to Appeal, Eviction, Title Deed Challenge, Municipal Rates Clearance, Special Circumstances
Civil Procedure Land and Property Leave to Appeal Eviction Title Deed Challenge Municipal Rates Clearance Special Circumstances

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Parties

Malki's Investment Trust

Applicant

Ali Hashi

Respondent

David Moeti

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether the respondents have reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether special circumstances exist justifying the granting of leave to appeal.
  3. 3 Whether the respondents raised valid legal defences to the eviction.

Ratio Decidendi

The court found that the respondents failed to raise any valid legal defence to the eviction order, with their opposing papers being uncommissioned and lacking substance. The grounds for leave to appeal were vague, speculative, and did not establish any triable issues. The respondents' allegations regarding the title deed, municipal debt, and the interests of nine school children were unsupported and did not constitute special circumstances. The City of Tshwane was properly cited, and the respondents did not demonstrate any interest in the property or provide credible details about the alleged children. The application for leave to appeal was deemed to be a delaying tactic without legal...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.