Ndlovu v Unlawful Occupiers Erf 3200 (1739/2011) [2011] ZAGPJHC 60 (30 March 2011)

Ndlovu v Unlawful Occupiers Erf 3200 (1739/2011) [2011] ZAGPJHC 60 (30 March 2011)

The court held that the respondents had been given ample opportunity to file answering affidavits but failed to do so. The presence of counsel for the majority of respondents in court indicated that they were aware of the proceedings, satisfying the requirements for service. For the six respondents not represented, the court found prima facie that they had received adequate notice and had not filed any affidavits to oppose the eviction. Consequently, the applicants were entitled to the relief sought, and the eviction order was granted in terms of the notice of motion.

Citation
[2011] ZAGPJHC 60
Parties
Applicant: Justice Ndlovu and Catherine Ndlovu; Respondent: Unlawful Occupiers Erf 3200
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 March 2011
Case Number
1739/2011
Procedural Posture
Urgent Application / Eviction Application Hearing
Outcome
Application for eviction granted.
Judges
Willis
Legal Topics
Eviction Proceedings, Notice of Motion, Service of Process, Unlawful Occupation
Land and Property Civil Procedure Eviction Proceedings Notice of Motion Service of Process Unlawful Occupation

Case Brief

Summary, issues, holding and outcome

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Parties

Justice Ndlovu and Catherine Ndlovu

Applicant

Unlawful Occupiers Erf 3200

Respondent

Procedural Posture

Urgent Application / Eviction Application Hearing

Legal Issues

  1. 1 Whether the respondents received adequate notice of the eviction application.
  2. 2 Whether the applicants are entitled to an eviction order against the unlawful occupiers.
  3. 3 Whether the absence of answering affidavits from the respondents affects the outcome.

Ratio Decidendi

The court held that the respondents had been given ample opportunity to file answering affidavits but failed to do so. The presence of counsel for the majority of respondents in court indicated that they were aware of the proceedings, satisfying the requirements for service. For the six respondents not represented, the court found prima facie that they had received adequate notice and had not filed any affidavits to oppose the eviction. Consequently, the applicants were entitled to the relief sought, and the eviction order was granted in terms of the notice of motion.

Court Disposition

Application for eviction granted.

Orders

  • An order is granted in terms of prayers 1, 2, 3, 4, 5 and 6 of part B of the notice of motion dated 18 January 2011.
  • The respondents are to vacate the property at 41 Edith Caville Street, Hillbrow, Johannesburg by 30 April 2011.