Nelson Mandela Bay Municipality Maarman and Others, Nelson Mandela Bay Municipality Maarman and Others (2480/2012, 2591/2012) [2013] ZAECPEHC 48 (17 October 2013)

Nelson Mandela Bay Municipality Maarman and Others, Nelson Mandela Bay Municipality Maarman and Others (2480/2012, 2591/2012) [2013] ZAECPEHC 48 (17 October 2013)

The court found that the respondents' denial of unlawful occupation was a bare denial and did not amount to a genuine dispute of fact. The applicant's evidence established that the respondents were in actual and physical occupation of the land and had mobilised others to join them. The requirements for a final interdict were satisfied, as the applicant had no adequate alternative remedy and the harm was ongoing. In respect of contempt, the first to fifth respondents were found to have violated the court order dated 27 July 2012 by remaining in occupation and mobilising others. The court confirmed the Rule Nisi, declared the first to fifth respondents in contempt, and imposed a suspended...

Citation
[2013] ZAECPEHC 48
Parties
Applicant: Nelson Mandela Bay Metropolitan Municipality; Respondent: Nontsika Maarman; Respondent: Melisizwe Daba; Respondent: David Willem; Respondent: Siphiwo Siphe Tommy; Respondent: Thembalethu Mhekola; Respondent: Babalwa Sonjica; Respondent: Lindelwa Mboyi; Respondent: Yolande Xanise; Respondent: Nontsapho Ndaliso; Respondent: Ntomboxolo Dyantyi; Respondent: Siyabulela January; Respondent: Vuyo Jantjies; Respondent: Xhati Mfundisi; Respondent: Nomathamsanqa Zealand
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 October 2013
Case Number
2480/2012, 2591/2012
Procedural Posture
Civil Application / Final Determination of Application and Contempt Proceedings
Outcome
Application for final interdict and contempt of court granted. Rule Nisi confirmed. First to fifth respondents declared in contempt and fined. Costs awarded against respondents.
Judges
P.W. Tshiki
Legal Topics
Unlawful Occupation, Eviction, Final Interdict, Contempt of Court, Costs Order
Land and Property Civil Procedure Unlawful Occupation Eviction Final Interdict Contempt of Court Costs Order

Case Brief

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Parties

Nelson Mandela Bay Metropolitan Municipality

Applicant

Nontsika Maarman

Respondent

Melisizwe Daba

Respondent

David Willem

Respondent

Siphiwo Siphe Tommy

Respondent

Thembalethu Mhekola

Respondent

Babalwa Sonjica

Respondent

Lindelwa Mboyi

Respondent

Yolande Xanise

Respondent

Nontsapho Ndaliso

Respondent

Ntomboxolo Dyantyi

Respondent

Siyabulela January

Respondent

Vuyo Jantjies

Respondent

Xhati Mfundisi

Respondent

Nomathamsanqa Zealand

Respondent

Procedural Posture

Civil Application / Final Determination of Application and Contempt Proceedings

Legal Issues

  1. 1 Whether the respondents unlawfully occupied the applicant's land.
  2. 2 Whether the applicant is entitled to a final interdict and eviction order.
  3. 3 Whether the first to fifth respondents are in contempt of the court order dated 27 July 2012.

Ratio Decidendi

The court found that the respondents' denial of unlawful occupation was a bare denial and did not amount to a genuine dispute of fact. The applicant's evidence established that the respondents were in actual and physical occupation of the land and had mobilised others to join them. The requirements for a final interdict were satisfied, as the applicant had no adequate alternative remedy and the harm was ongoing. In respect of contempt, the first to fifth respondents were found to have violated the court order dated 27 July 2012 by remaining in occupation and mobilising others. The court confirmed the Rule Nisi, declared the first to fifth respondents in contempt, and imposed a suspended...

Court Disposition

Application for final interdict and contempt of court granted. Rule Nisi confirmed. First to fifth respondents declared in contempt and fined. Costs awarded against respondents.

Orders

  • The Rule Nisi granted on 27 July 2012 in case no 2480/2012 is confirmed.
  • The first to fifth respondents are declared to be in contempt of the order granted by Chetty J on 27 July 2012.