Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)

Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)

The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to remain, and their interests are not adversely affected by eviction. The respondent's continued...

Citation
[2025] ZAGPJHC 693
Parties
Applicant: Obed Bashimane Moalusi; Applicant: Thapelo Khumalo; Respondent: Justin Kondowe; Respondent: The City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 July 2025
Case Number
2023/119996
Procedural Posture
Eviction Application / Final Judgment
Outcome
Eviction granted; respondent and all those occupying under his title must vacate the property by 15 August 2025. Costs awarded against respondent.
Judges
A J D'Oliveira
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Just and Equitable Order
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Just and Equitable Order

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Obed Bashimane Moalusi

Applicant

Thapelo Khumalo

Applicant

Justin Kondowe

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent has any legal right to remain in occupation of the property.
  2. 2 Whether the procedural requirements of the Prevention of Illegal Eviction and Unlawful Occupation Act 19 of 1998 have been met.
  3. 3 Whether the eviction of the respondent is just and equitable under the circumstances.

Ratio Decidendi

The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to remain, and their interests are not adversely affected by eviction. The respondent's continued...

Court Disposition

Eviction granted; respondent and all those occupying under his title must vacate the property by 15 August 2025. Costs awarded against respondent.

Orders

  • The first respondent, and all those who occupy the property under his title, must vacate Erf 2[…] P[…] G[…] Extension 22 Township, with street address 2[…] C[…] Crescent, Protea Glen, Soweto, by no later than 15 August 2025.
  • Should the first respondent and all those occupying under his title fail to vacate by 15 August 2025, the Sheriff of the Court may carry out the eviction order from 16 August 2025.