Mdhlomo and Another v Manzana and Others (A633/13) [2015] ZAGPPHC 576 (4 August 2015)

Mdhlomo and Another v Manzana and Others (A633/13) [2015] ZAGPPHC 576 (4 August 2015)

The appeal was upheld because the Magistrate erred in treating the appellants as unlawful occupiers without properly considering the evidence regarding their rights to the property. The court found that the factual disputes about occupation and ownership were not adequately ventilated and required oral evidence. The matter was remitted to the Magistrate's Court for a hearing to establish the acquisition and change of rights to the property, and to determine the rightful owner(s).

Citation
[2015] ZAGPPHC 576
Parties
Appellant: Elizabeth Sisi Mdhlomo; Appellant: Unlawful Occupiers; Respondent: Vicky Seesi Manzana; Respondent: Thomas Mdhlomo; Respondent: City of Tshwane Metropolitan Municipality (Soshanguve)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 August 2015
Case Number
A633/13
Procedural Posture
Civil Appeal / Appeal Against Eviction Order From Magistrate's Court
Outcome
Appeal upheld; Magistrate's eviction order set aside; matter remitted for oral evidence; no order as to costs.
Judges
S. A. M. Baqwa, J. J. Striydom
Legal Topics
Prevention of Illegal Eviction Act, Conversion of Rights in Leasehold Act, Interim Protection of Land Rights Act, Eviction Procedure, Ownership Dispute
Land and Property Civil Procedure Prevention of Illegal Eviction Act Conversion of Rights in Leasehold Act Interim Protection of Land Rights Act Eviction Procedure Ownership Dispute

Case Brief

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Parties

Elizabeth Sisi Mdhlomo

Appellant

Unlawful Occupiers

Appellant

Vicky Seesi Manzana

Respondent

Thomas Mdhlomo

Respondent

City of Tshwane Metropolitan Municipality (Soshanguve)

Respondent

Procedural Posture

Civil Appeal / Appeal Against Eviction Order From Magistrate's Court

Legal Issues

  1. 1 Whether the appellants were unlawful occupiers under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act.
  2. 2 Whether the Magistrate erred in ignoring evidence regarding the appellants' rights to the property.
  3. 3 Whether the transfer and sale of the property by the second respondent was lawful.

Ratio Decidendi

The appeal was upheld because the Magistrate erred in treating the appellants as unlawful occupiers without properly considering the evidence regarding their rights to the property. The court found that the factual disputes about occupation and ownership were not adequately ventilated and required oral evidence. The matter was remitted to the Magistrate's Court for a hearing to establish the acquisition and change of rights to the property, and to determine the rightful owner(s).

Court Disposition

Appeal upheld; Magistrate's eviction order set aside; matter remitted for oral evidence; no order as to costs.

Orders

  • The appeal is upheld.
  • The order of the Magistrate, Soshanguve granted on 15 July 2013 is set aside.