Ntsoane and Another v Mukansi and Others (11161/2022) [2023] ZAGPPHC 52 (30 January 2023)

Ntsoane and Another v Mukansi and Others (11161/2022) [2023] ZAGPPHC 52 (30 January 2023)

The court found that the Applicants are the registered owners of the property and that the First to Fourth Respondents are in unlawful occupation. However, given the Respondents' stated intention to apply for rescission of the underlying judgment and the fact that the property is their primary residence, the court held that the interests of justice and the principle of just and equitable relief require granting interim relief. The eviction order is suspended for 30 days to allow the Respondents to file their rescission application, failing which the order becomes final. The court dismissed the Respondents' urgency objection and awarded costs to the Applicants.

Citation
[2023] ZAGPPHC 52
Parties
Applicant: Thomas Ntsoane; Applicant: Thonts Properties; Respondent: Hlekani Dudu Mukansi; Respondent: Rhulani Yvonne Mukansi; Respondent: Hlekani Mukansi N.O.; Respondent: Rhulani Mukansi N.O.; Respondent: City of Johannesburg Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 January 2023
Case Number
11161/2022
Procedural Posture
Urgent Application / Opposed Eviction Application; Interim Relief Granted Pending Rescission Application
Outcome
Interim eviction order granted; eviction suspended for 30 days pending rescission application.
Judges
G. Ally
Legal Topics
Unlawful Occupation, Eviction, Prevention of Illegal Eviction Act, Interim Relief
Land and Property Civil Procedure Unlawful Occupation Eviction Prevention of Illegal Eviction Act Interim Relief

Case Brief

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Parties

Thomas Ntsoane

Applicant

Thonts Properties

Applicant

Hlekani Dudu Mukansi

Respondent

Rhulani Yvonne Mukansi

Respondent

Hlekani Mukansi N.O.

Respondent

Rhulani Mukansi N.O.

Respondent

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Opposed Eviction Application; Interim Relief Granted Pending Rescission Application

Legal Issues

  1. 1 Whether the First to Fourth Respondents are in unlawful occupation of the property and should be evicted.
  2. 2 Whether pending rescission proceedings justify interim relief rather than final eviction.
  3. 3 Whether the interests of justice and the principle of just and equitable relief require suspension of the eviction order.

Ratio Decidendi

The court found that the Applicants are the registered owners of the property and that the First to Fourth Respondents are in unlawful occupation. However, given the Respondents' stated intention to apply for rescission of the underlying judgment and the fact that the property is their primary residence, the court held that the interests of justice and the principle of just and equitable relief require granting interim relief. The eviction order is suspended for 30 days to allow the Respondents to file their rescission application, failing which the order becomes final. The court dismissed the Respondents' urgency objection and awarded costs to the Applicants.

Court Disposition

Interim eviction order granted; eviction suspended for 30 days pending rescission application.

Orders

  • The First to Fourth Respondents are hereby evicted from the property described as [....] H [....] D [....], D [....] 1 Golf Estate, Extension [....], Randburg.
  • The eviction order is suspended for 30 days from the date of this order pending the filing of a rescission application by the First to Fourth Respondents in Case No 25860/2019.