Meme-Akpta and Another v The Unlawful Occupiers of ERF 1168,City and Surban,44 Nugget Street,Johannesburg and Another (38141/2019) [2022] ZAGPJHC 482; 2023 (3) SA 649 (GJ) (26 July 2022)

Meme-Akpta and Another v The Unlawful Occupiers of ERF 1168,City and Surban,44 Nugget Street,Johannesburg and Another (38141/2019) [2022] ZAGPJHC 482; 2023 (3) SA 649 (GJ) (26 July 2022)

The court found that the eviction application was fundamentally flawed both procedurally and on the merits. The notice of motion failed to state a hearing date, and service was not properly effected on all occupiers or the municipality. The process did not comply with the peremptory requirements of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act or the Practice Manual. The municipality was not meaningfully engaged, preventing it from fulfilling its statutory obligations regarding alternative accommodation. The applicants' attempt to rely on opposition by a minority of occupiers did not cure the defects. The absence of proper service, lack of engagement with the...

Citation
[2022] ZAGPJHC 482
Parties
Applicant: Tony Emmanuel Meme-Akpta; Applicant: Hlelen Esima Meme-Akpta; Respondent: The Unlawful Occupiers of ERF 1168, City and Surban, 44 Nugget Street, Johannesburg; Respondent: The City of Johannesburg Metropolitan
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 July 2022
Case Number
38141/2019
Procedural Posture
Eviction Application / Judgment
Outcome
Application dismissed.
Judges
Fisher
Legal Topics
Prevention of Illegal Eviction Act, Service of Process, Right to Housing, Just and Equitable Eviction, Municipal Obligations, Notice of Motion Requirements
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Service of Process Right to Housing Just and Equitable Eviction Municipal Obligations +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tony Emmanuel Meme-Akpta

Applicant

Hlelen Esima Meme-Akpta

Applicant

The Unlawful Occupiers of ERF 1168, City and Surban, 44 Nugget Street, Johannesburg

Respondent

The City of Johannesburg Metropolitan

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the eviction application complied with the procedural requirements of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act.
  2. 2 Whether proper service of the application was effected on all unlawful occupiers and the municipality.
  3. 3 Whether the merits justify eviction, considering the period of occupation and the availability of alternative accommodation.

Ratio Decidendi

The court found that the eviction application was fundamentally flawed both procedurally and on the merits. The notice of motion failed to state a hearing date, and service was not properly effected on all occupiers or the municipality. The process did not comply with the peremptory requirements of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act or the Practice Manual. The municipality was not meaningfully engaged, preventing it from fulfilling its statutory obligations regarding alternative accommodation. The applicants' attempt to rely on opposition by a minority of occupiers did not cure the defects. The absence of proper service, lack of engagement with the...

Court Disposition

Application dismissed.

Orders

  • The application for eviction is dismissed.