Moloto N.O and Others v Liebman and Others [2023] ZAGPPHC 90; 23251/2021 (9 February 2023)

Moloto N.O and Others v Liebman and Others [2023] ZAGPPHC 90; 23251/2021 (9 February 2023)

The court found that the applicants, as liquidators of Villa Rivage (Pty) Ltd, are entitled to seek eviction of the respondents under the PIE Act. The respondents failed to demonstrate any legal entitlement to occupy the property, as there is no valid lease or agreement. Procedural requirements under the PIE Act and court rules were satisfied, and objections raised by the respondents were either abandoned or found to be without merit. The respondents' claims of destitution and ill-health were unsubstantiated, and evidence indicated they possessed sufficient means to secure alternative accommodation. The company is the registered owner of the property, and the applicants must be allowed to...

Citation
[2023] ZAGPPHC 90
Parties
Applicant: Michael Lebogang Moloto N.O; Applicant: Malebo Rian Elias Moloto N.O.; Applicant: Mabatho Shirley Motimele N.O; Respondent: Bradley Brett Liebman; Respondent: Andrea Liebman; Respondent: All the other unlawful occupiers; Respondent: Emfuleni Local Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 February 2023
Case Number
23251/2021
Procedural Posture
Eviction Application / Judgment
Outcome
Application for eviction granted; respondents ordered to vacate property by 31 March 2023.
Judges
MPN Mbongwe
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Liquidation Procedure, Locus Standi, Alternative Accommodation
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Liquidation Procedure Locus Standi Alternative Accommodation

Case Brief

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Parties

Michael Lebogang Moloto N.O

Applicant

Malebo Rian Elias Moloto N.O.

Applicant

Mabatho Shirley Motimele N.O

Applicant

Bradley Brett Liebman

Respondent

Andrea Liebman

Respondent

All the other unlawful occupiers

Respondent

Emfuleni Local Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the respondents are in unlawful occupation of the property.
  2. 2 Whether the applicants, as liquidators, are entitled to seek eviction under the PIE Act.
  3. 3 Whether the respondents have any legal right or agreement entitling them to occupy the property.

Ratio Decidendi

The court found that the applicants, as liquidators of Villa Rivage (Pty) Ltd, are entitled to seek eviction of the respondents under the PIE Act. The respondents failed to demonstrate any legal entitlement to occupy the property, as there is no valid lease or agreement. Procedural requirements under the PIE Act and court rules were satisfied, and objections raised by the respondents were either abandoned or found to be without merit. The respondents' claims of destitution and ill-health were unsubstantiated, and evidence indicated they possessed sufficient means to secure alternative accommodation. The company is the registered owner of the property, and the applicants must be allowed to...

Court Disposition

Application for eviction granted; respondents ordered to vacate property by 31 March 2023.

Orders

  • The first, second, and third respondents, and all other unlawful occupiers holding title through or under them, are ordered to vacate the property by no later than 31 March 2023.
  • Should the respondents fail to comply, the Sheriff or lawful deputy is authorised to evict them.