Ndabankulu v Ndabankulu and Another (CA&R33/2018) [2018] ZAECMHC 45 (17 August 2018)

Ndabankulu v Ndabankulu and Another (CA&R33/2018) [2018] ZAECMHC 45 (17 August 2018)

The appellant failed to establish locus standi to evict the first respondent, as he did not demonstrate ownership or lawful entitlement to the property under the relevant Proclamation or customary law. The supporting documents did not prove registration or transfer of the property to the appellant. Furthermore, the procedural requirements of PIE were not met: the section 4(2) notice was not authorised by the court, and service on the municipality was not properly effected or proven. There was no substantial compliance with PIE, and the application was fatally flawed. The Magistrate's dismissal of the application and the rule nisi was correct, as the appellant failed on both substantive...

Citation
[2018] ZAECMHC 45
Parties
Appellant: Veliso Fagan Ndabankulu; Respondent: Nkosiyabo Ndabankulu; Respondent: Ingquza Hill Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
17 August 2018
Case Number
CA&R33/2018
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Dismissal of Eviction Application
Outcome
Appeal dismissed with costs.
Judges
M.J. Lowe, N. Mlomzale
Legal Topics
Prevention of Illegal Eviction Act, Locus Standi, Customary Law Inheritance, Eviction Procedure, Notice Requirements, Substantial Compliance
Land and Property Civil Procedure Prevention of Illegal Eviction Act Locus Standi Customary Law Inheritance Eviction Procedure Notice Requirements Substantial Compliance

Case Brief

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Parties

Veliso Fagan Ndabankulu

Appellant

Nkosiyabo Ndabankulu

Respondent

Ingquza Hill Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Dismissal of Eviction Application

Legal Issues

  1. 1 Whether the appellant established locus standi to evict the first respondent under PIE and common law.
  2. 2 Whether the procedural requirements of section 4 of PIE were complied with in the eviction application.

Ratio Decidendi

The appellant failed to establish locus standi to evict the first respondent, as he did not demonstrate ownership or lawful entitlement to the property under the relevant Proclamation or customary law. The supporting documents did not prove registration or transfer of the property to the appellant. Furthermore, the procedural requirements of PIE were not met: the section 4(2) notice was not authorised by the court, and service on the municipality was not properly effected or proven. There was no substantial compliance with PIE, and the application was fatally flawed. The Magistrate's dismissal of the application and the rule nisi was correct, as the appellant failed on both substantive...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.