Nelie Smith Mansuitrusters (Edms) Bpk v Herbst and Others (3982/2016) [2017] ZAFSHC 5 (27 January 2017)

Nelie Smith Mansuitrusters (Edms) Bpk v Herbst and Others (3982/2016) [2017] ZAFSHC 5 (27 January 2017)

The court found that the applicant is the registered owner of the property and that the first and third respondents occupied the property by virtue of an oral lease agreement with the applicant. The respondents breached material terms of the lease, fell into substantial arrears, and the lease was lawfully cancelled....

Source-derived case information.

Citation
[2017] ZAFSHC 5
Parties
Applicant: Nelie Smith Mansuitrusters (Edms) Bpk; Respondent: Tereza Herbst; Respondent: Mangaung Metropolitaanse Munisipaliteit; Respondent: N Groep Ongeidentifiseerde Okkupeerder wat 100 Waverleyweg, Bloemfontein Vrystaat Provinsie Okkupeer
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 January 2017
Case Number
3982/2016
Procedural Posture
Urgent Application / Motion Proceedings; Judgment on Eviction Application
Outcome
Application granted; respondents declared unlawful occupiers and ordered to vacate property.
Judges
Rampai
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Oral Lease Agreement, Just and Equitable Eviction, Burden of Proof, Summary Judgment
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Oral Lease Agreement Just and Equitable Eviction Burden of Proof Summary Judgment

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Parties

Nelie Smith Mansuitrusters (Edms) Bpk

Applicant

Tereza Herbst

Respondent

Mangaung Metropolitaanse Munisipaliteit

Respondent

N Groep Ongeidentifiseerde Okkupeerder wat 100 Waverleyweg, Bloemfontein Vrystaat Provinsie Okkupeer

Respondent

Procedural Posture

Urgent Application / Motion Proceedings; Judgment on Eviction Application

Legal Issues

  1. 1 Whether the first and third respondents are unlawful occupiers of the property at 100 Waverley Road, Bloemfontein.
  2. 2 Whether it is just and equitable to evict the respondents from the property under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE).

Ratio Decidendi

The court found that the applicant is the registered owner of the property and that the first and third respondents occupied the property by virtue of an oral lease agreement with the applicant. The respondents breached material terms of the lease, fell into substantial arrears, and the lease was lawfully cancelled. The respondents failed to raise any valid defence or provide relevant facts to show that eviction would be unjust or inequitable. The respondents are not poor or vulnerable, and the statutory protections under PIE do not apply to their circumstances. The applicant complied with all procedural requirements, and the respondents were given reasonable notice to vacate. The court...

Court Disposition

Application granted; respondents declared unlawful occupiers and ordered to vacate property.

Orders

  • The first and third respondents are declared unlawful occupiers of the property at 100 Waverley Road, Bloemfontein, Free State Province.
  • The first and third respondents and all persons occupying through them must vacate the property no later than 31 January 2017 at 12h00.