Nelson and Another v B.S and Others (2350/2020) [2021] ZAWCHC 207 (19 October 2021)

Nelson and Another v B.S and Others (2350/2020) [2021] ZAWCHC 207 (19 October 2021)

The court found that the respondents have been in unlawful occupation of the applicants' property for an extended period, causing the applicants significant financial and personal hardship. Despite opportunities to secure alternative accommodation, the respondents failed to take meaningful steps, and their offer to pay rent was both inadequate and untimely. The applicants demonstrated considerable tolerance and compassion, but cannot be expected to accommodate the respondents indefinitely. The court considered the personal circumstances of the respondents, including vulnerability and income levels, and the availability of alternative housing options. Balancing these factors, the court...

Citation
[2021] ZAWCHC 207
Parties
Applicant: Nazeem Nelson; Applicant: Nadia Nelson; Respondent: B[....] S[....]; Respondent: S[....] S[....]; Respondent: Z[....] S[....]; Respondent: N[....] S[….]; Respondent: R[....] B[....]; Respondent: R[....] S[….]; Respondent: Y[....] H[….]; Respondent: City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 October 2021
Case Number
2350/2020
Procedural Posture
Civil Application / Date of Eviction Order Following Prior Finding of Unlawful Occupation
Outcome
Eviction granted; respondents ordered to vacate within three months; costs awarded against respondents.
Judges
P.A.L. Gamble
Legal Topics
Prevention of Illegal Eviction Act, Just and Equitable Eviction, Housing Rights, Costs Order, Ubuntu Principle
Land and Property Civil Procedure Constitutional Law Prevention of Illegal Eviction Act Just and Equitable Eviction Housing Rights Costs Order Ubuntu Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Nazeem Nelson

Applicant

Nadia Nelson

Applicant

B[....] S[....]

Respondent

S[....] S[....]

Respondent

Z[....] S[....]

Respondent

N[....] S[….]

Respondent

R[....] B[....]

Respondent

R[....] S[….]

Respondent

Y[....] H[….]

Respondent

City of Cape Town

Respondent

Procedural Posture

Civil Application / Date of Eviction Order Following Prior Finding of Unlawful Occupation

Legal Issues

  1. 1 Whether it is just and equitable to order eviction of the respondents from the applicants' property.
  2. 2 What period of notice should be afforded to the respondents before eviction.
  3. 3 Whether the respondents have access to suitable alternative accommodation.

Ratio Decidendi

The court found that the respondents have been in unlawful occupation of the applicants' property for an extended period, causing the applicants significant financial and personal hardship. Despite opportunities to secure alternative accommodation, the respondents failed to take meaningful steps, and their offer to pay rent was both inadequate and untimely. The applicants demonstrated considerable tolerance and compassion, but cannot be expected to accommodate the respondents indefinitely. The court considered the personal circumstances of the respondents, including vulnerability and income levels, and the availability of alternative housing options. Balancing these factors, the court...

Court Disposition

Eviction granted; respondents ordered to vacate within three months; costs awarded against respondents.

Orders

  • The first to ninth respondents are ordered to vacate the premises situated at No. 87, Sixth Street, Kensington, Cape Town on or before 21 January 2022.
  • If the first to ninth respondents fail to vacate as ordered, the Sheriff is authorized to evict them on 31 January 2022.