Mokhele v Free State Housing Company (Pty) Ltd (A213/2017) [2018] ZAFSHC 2 (30 January 2018)

Mokhele v Free State Housing Company (Pty) Ltd (A213/2017) [2018] ZAFSHC 2 (30 January 2018)

The court found that the appellant failed to remedy the breach within the period stipulated in the lease agreement, and the lease was therefore deemed cancelled. The appellant's assertion that the breach was remedied was unsupported by evidence, and the payments made did not discharge the arrears. The procedural requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act were satisfied, and the Magistrate correctly found that it was just and equitable to grant the eviction order. The appeal was dismissed, and the eviction order was amended to provide a new date for eviction due to the effluxion of time.

Citation
[2018] ZAFSHC 2
Parties
Appellant: Mosito S Mokhele; Respondent: Free State Housing Company (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 January 2018
Case Number
A213/2017
Procedural Posture
Civil Appeal / Appeal Against Eviction Order From Magistrate's Court
Outcome
Appeal dismissed with costs; eviction order amended to set new dates for vacating the property and possible eviction.
Judges
Reinders, Mhlambi
Legal Topics
Eviction, Lease Agreement, Breach of Contract, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Eviction Lease Agreement Breach of Contract Prevention of Illegal Eviction Act

Case Brief

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Parties

Mosito S Mokhele

Appellant

Free State Housing Company (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the notice of breach constituted valid notice of intention to cancel the lease agreement as required by clause 15.2.
  2. 2 Whether the appellant remedied the breach within the period stipulated in the lease agreement.
  3. 3 Whether the eviction order was just and equitable under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Ratio Decidendi

The court found that the appellant failed to remedy the breach within the period stipulated in the lease agreement, and the lease was therefore deemed cancelled. The appellant's assertion that the breach was remedied was unsupported by evidence, and the payments made did not discharge the arrears. The procedural requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act were satisfied, and the Magistrate correctly found that it was just and equitable to grant the eviction order. The appeal was dismissed, and the eviction order was amended to provide a new date for eviction due to the effluxion of time.

Court Disposition

Appeal dismissed with costs; eviction order amended to set new dates for vacating the property and possible eviction.

Orders

  • The appeal is dismissed with costs.
  • The court order dated 8 May 2017 is amended: The appellant and any person occupying through him must vacate the property on or before Wednesday, 28 March 2018 by 12:00.