Mnguni v Lekalakala and Others (2016/38042) [2022] ZAGPJHC 118 (16 February 2022)

Mnguni v Lekalakala and Others (2016/38042) [2022] ZAGPJHC 118 (16 February 2022)

The applicant is the registered owner of the property, having acquired it by virtue of a valid Will from the late Sebueng Mary Lekalakala. The respondents' occupation is unlawful as there is no legal right or consent for their continued residence. The first respondent's allegations of fraud and entitlement as a blood relative are unsupported by any successful challenge to the Will or the Master's appointment of the applicant as estate representative. The court finds that the first respondent is an unlawful occupier under PIE. In considering whether eviction is just and equitable, the court notes the respondent's age and lack of alternative accommodation, but finds no exceptional...

Citation
[2022] ZAGPJHC 118
Parties
Applicant: Christina Busisiwe Mnguni; Respondent: Sesi Lekalakala; Respondent: Vusi Lekalakala; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 February 2022
Case Number
2016/38042
Procedural Posture
Eviction Application / First Instance
Outcome
Eviction granted; first respondent and all other occupants to vacate the property by 30 April 2022; Municipality to provide temporary accommodation for one year; no order as to costs.
Judges
Flatela
Legal Topics
Prevention of Unlawful Eviction Act, Unlawful Occupation, Succession and Wills, Just and Equitable Eviction
Land and Property Civil Procedure Prevention of Unlawful Eviction Act Unlawful Occupation Succession and Wills Just and Equitable Eviction

Case Brief

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Parties

Christina Busisiwe Mnguni

Applicant

Sesi Lekalakala

Respondent

Vusi Lekalakala

Respondent

City of Johannesburg

Respondent

Procedural Posture

Eviction Application / First Instance

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers of the property.
  2. 2 Whether the applicant acquired the property lawfully by inheritance.
  3. 3 Whether it is just and equitable to grant an eviction order against the respondents.

Ratio Decidendi

The applicant is the registered owner of the property, having acquired it by virtue of a valid Will from the late Sebueng Mary Lekalakala. The respondents' occupation is unlawful as there is no legal right or consent for their continued residence. The first respondent's allegations of fraud and entitlement as a blood relative are unsupported by any successful challenge to the Will or the Master's appointment of the applicant as estate representative. The court finds that the first respondent is an unlawful occupier under PIE. In considering whether eviction is just and equitable, the court notes the respondent's age and lack of alternative accommodation, but finds no exceptional...

Court Disposition

Eviction granted; first respondent and all other occupants to vacate the property by 30 April 2022; Municipality to provide temporary accommodation for one year; no order as to costs.

Orders

  • The first respondent is evicted from the property described as ERF [....] Meadowlands Township, Registration Division IQ, Gauteng Province, held by Deed of Transfer T[....] situated at [....] R[....] Street, Zone 3 Meadowlands, Soweto.
  • The first respondent and all other occupants must vacate the property on or before 30 April 2022.