Mayekiso and Others v Patel NO and Others (3860/2016) [2018] ZAWCHC 143; [2019] 1 All SA 221 (WCC); 2019 (2) SA 522 (WCC) (24 October 2018)

Mayekiso and Others v Patel NO and Others (3860/2016) [2018] ZAWCHC 143; [2019] 1 All SA 221 (WCC); 2019 (2) SA 522 (WCC) (24 October 2018)

The majority held that the appellants were unlawful occupiers under PIE and that the eviction order was just and equitable, as the court a quo considered all relevant circumstances, including the interests of minor children and the risk of homelessness. The property had been sold and transferred, and the appellants undertook to vacate upon sale. Allegations regarding the first respondent trustee's identity and conduct did not invalidate the statutory powers exercised by the trustees collectively, nor did they warrant the admission of further evidence on appeal. The appeal was dismissed, and costs were awarded against the appellants personally due to their unreasonable conduct and dilatory...

Citation
[2018] ZAWCHC 143
Parties
Appellant: Lubabalo Lindile Mayekiso; Appellant: Ncediwe Amelia Mayekiso; Respondent: Mohamed Ismail Patel N.O.; Respondent: Herman Bester N.O.; Respondent: Tasneem Shaik Mohamed N.O.; Respondent: Duane Colin Starkey N.O.; Respondent: Nandipha Vinqi N.O.
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
24 October 2018
Case Number
3860/2016
Procedural Posture
Civil Appeal / Appeal From Eviction Order; Full Bench Hearing After SCA Leave
Outcome
Appeal dismissed with costs; eviction order confirmed.
Judges
P.A.L.Gamble, P.B.Mantame, M.L.Sher
Legal Topics
Eviction Under Pie, Trustee Powers in Insolvency, Homelessness and Alternative Accommodation, Children S Rights in Eviction, Locus Standi of Trustees, Admission of Further Evidence on Appeal
Land and Property Civil Procedure Administrative Law Eviction Under Pie Trustee Powers in Insolvency Homelessness and Alternative Accommodation Children S Rights in Eviction Locus Standi of Trustees +1 more

Case Brief

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Parties

Lubabalo Lindile Mayekiso

Appellant

Ncediwe Amelia Mayekiso

Appellant

Mohamed Ismail Patel N.O.

Respondent

Herman Bester N.O.

Respondent

Tasneem Shaik Mohamed N.O.

Respondent

Duane Colin Starkey N.O.

Respondent

Nandipha Vinqi N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal From Eviction Order; Full Bench Hearing After SCA Leave

Legal Issues

  1. 1 Whether the eviction order granted under PIE was just and equitable in the circumstances.
  2. 2 Whether the trustees had locus standi to bring the eviction application.
  3. 3 Whether the interests of minor children and risk of homelessness were properly considered.

Ratio Decidendi

The majority held that the appellants were unlawful occupiers under PIE and that the eviction order was just and equitable, as the court a quo considered all relevant circumstances, including the interests of minor children and the risk of homelessness. The property had been sold and transferred, and the appellants undertook to vacate upon sale. Allegations regarding the first respondent trustee's identity and conduct did not invalidate the statutory powers exercised by the trustees collectively, nor did they warrant the admission of further evidence on appeal. The appeal was dismissed, and costs were awarded against the appellants personally due to their unreasonable conduct and dilatory...

Court Disposition

Appeal dismissed with costs; eviction order confirmed.

Orders

  • The appeal is dismissed with costs, including the wasted costs of the hearings on 3 August 2018 and 13 September 2018, and the costs of two counsel where so employed by the respondents.
  • All costs orders are to be paid by the appellants jointly and severally, except for the wasted costs of the postponement on 3 August 2018, which will be costs in the sequestration.