Mpisi v Trebble (338/92) [1993] ZASCA 192; 1994 (2) SA 136 (AD); [1994] 2 All SA 142 (A) (30 November 1993)

Mpisi v Trebble (338/92) [1993] ZASCA 192; 1994 (2) SA 136 (AD); [1994] 2 All SA 142 (A) (30 November 1993)

The Supreme Court of Appeal held that the respondent's statutory authority under section 3B(1)(a) of the Prevention of Illegal Squatting Act extended only to the demolition of the shack in the sense of pulling or tearing it down, not to the burning and destruction of its materials. The court found that the shack was a movable structure belonging to the appellant, based on its temporary nature, the ease of demolition and re-erection, and the lack of intention for permanence. The appellant's evidence regarding the value of the materials was unchallenged and accepted as the best available. The court concluded that the appellant had proved damages in the sum of R950.00 for the destroyed...

Citation
[1993] ZASCA 192
Parties
Appellant: Nigo Mpisi; Respondent: Grant Trebble
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1993
Case Number
338/92
Procedural Posture
Civil Appeal / Appeal From the Natal Provincial Division, Following a Magistrate's Court Decision.
Outcome
Appeal allowed with costs. Magistrate's judgment altered to award the appellant R1,521.07 plus costs.
Judges
Hoexter, Botha, Smalberger, Eksteen, Harms
Legal Topics
Prevention of Illegal Squatting Act, Statutory Interpretation, Movable Vs Immovable Property, Damages Assessment
Land and Property Civil Procedure Prevention of Illegal Squatting Act Statutory Interpretation Movable Vs Immovable Property Damages Assessment

Case Brief

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Parties

Nigo Mpisi

Appellant

Grant Trebble

Respondent

Procedural Posture

Civil Appeal / Appeal From the Natal Provincial Division, Following a Magistrate's Court Decision.

Legal Issues

  1. 1 Whether the burning and destruction of the shack's materials was authorised by section 3B of the Prevention of Illegal Squatting Act.
  2. 2 Whether the shack was a movable structure belonging to the appellant or a permanent fixture adhering to the land.
  3. 3 Whether the appellant proved the quantum of damages resulting from the destruction of the shack.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent's statutory authority under section 3B(1)(a) of the Prevention of Illegal Squatting Act extended only to the demolition of the shack in the sense of pulling or tearing it down, not to the burning and destruction of its materials. The court found that the shack was a movable structure belonging to the appellant, based on its temporary nature, the ease of demolition and re-erection, and the lack of intention for permanence. The appellant's evidence regarding the value of the materials was unchallenged and accepted as the best available. The court concluded that the appellant had proved damages in the sum of R950.00 for the destroyed...

Court Disposition

Appeal allowed with costs. Magistrate's judgment altered to award the appellant R1,521.07 plus costs.

Orders

  • The appeal is allowed with costs.
  • The magistrate's judgment is altered to judgment for the appellant in the sum of R1,521.07 plus costs.