Mathebula and Another v Ndlovu and Others (22031/2018) [2019] ZAGPJHC 291 (19 August 2019)

Mathebula and Another v Ndlovu and Others (22031/2018) [2019] ZAGPJHC 291 (19 August 2019)

The applicants are the registered owners of the property, having purchased it from the previous owner and obtained transfer. The respondents' occupation became unlawful after notice was given to vacate. The respondents' defence based on the will fails, as Ms Ndlovu did not inherit the property under its terms, and Ms Tlisane was the registered owner at the time of sale. All procedural requirements of the PIE Act were complied with, including service of notice. The respondents failed to disclose any personal circumstances that would render eviction unjust or inequitable. The applicants have suffered ongoing financial loss due to being deprived of their property. There are no compelling...

Citation
[2019] ZAGPJHC 291
Parties
Applicant: Ebby Elvis Mathebula; Applicant: Nkhensani Nomsa Mathebula; Respondent: Tshepo Ndlovu; Respondent: Occupants of Erf 1958 Klipspruit Extension 2 Township, Province of Gauteng; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 August 2019
Case Number
22031/2018
Procedural Posture
Eviction Application / First Instance
Outcome
Eviction application granted; respondents ordered to vacate property.
Judges
K E Matojane
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Just and Equitable Test
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Just and Equitable Test

Case Brief

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Parties

Ebby Elvis Mathebula

Applicant

Nkhensani Nomsa Mathebula

Applicant

Tshepo Ndlovu

Respondent

Occupants of Erf 1958 Klipspruit Extension 2 Township, Province of Gauteng

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / First Instance

Legal Issues

  1. 1 Whether the respondents' occupation of the property is unlawful under the PIE Act.
  2. 2 Whether the requirements of section 4 of the PIE Act have been complied with.
  3. 3 Whether it is just and equitable to grant an eviction order against the respondents.

Ratio Decidendi

The applicants are the registered owners of the property, having purchased it from the previous owner and obtained transfer. The respondents' occupation became unlawful after notice was given to vacate. The respondents' defence based on the will fails, as Ms Ndlovu did not inherit the property under its terms, and Ms Tlisane was the registered owner at the time of sale. All procedural requirements of the PIE Act were complied with, including service of notice. The respondents failed to disclose any personal circumstances that would render eviction unjust or inequitable. The applicants have suffered ongoing financial loss due to being deprived of their property. There are no compelling...

Court Disposition

Eviction application granted; respondents ordered to vacate property.

Orders

  • The eviction of the respondents from the property known as Erf [...] Klipspruit Extension 2 Township, Registration Division IQ, Province of Gauteng held under Deed of Transfer T33644/2017 is hereby ordered.
  • The respondents must vacate the property by not later than 15 September 2019.