Nyathi and Others v Tenitor Properties (Pty) Ltd, In re: Tenitor Properties (Pty) Ltd v Nyathi and Others (06579/2015) [2015] ZAGPJHC 115 (9 June 2015)

Nyathi and Others v Tenitor Properties (Pty) Ltd, In re: Tenitor Properties (Pty) Ltd v Nyathi and Others (06579/2015) [2015] ZAGPJHC 115 (9 June 2015)

The court found that the respondent had established exceptional circumstances justifying the execution of the eviction order pending appeal. The appellants' occupation was maintained by violence and a rent boycott, causing the respondent severe financial harm and threatening its continued existence. The respondent's ownership was proven by the title deed and registration, and the appellants failed to raise a bona fide dispute regarding ownership. The huur gaat voor koop rule applied, making the respondent the lawful landlord, and the continued occupation without payment was unjustified. The appellants were not indigent and could afford alternative accommodation. The respondent...

Citation
[2015] ZAGPJHC 115
Parties
Appellant: Nyathi, S [JS Madumo]; Appellant: Ngcobo, B & Others listed in Annexure A; Respondent: Tenitor Properties (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 June 2015
Case Number
06579/2015
Procedural Posture
Civil Appeal / Appeal Against Order Under S.18(3) of the Superior Courts Act
Outcome
Appeal dismissed with costs.
Judges
SE Weiner, WHG van der Linde, Klein
Legal Topics
Eviction, Exceptional Circumstances, Suspension of Order Pending Appeal, Ownership of Immovable Property, Huur Gaat Voor Koop, Irreparable Harm
Land and Property Civil Procedure Eviction Exceptional Circumstances Suspension of Order Pending Appeal Ownership of Immovable Property Huur Gaat Voor Koop Irreparable Harm

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Parties

Nyathi, S [JS Madumo]

Appellant

Ngcobo, B & Others listed in Annexure A

Appellant

Tenitor Properties (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order Under S.18(3) of the Superior Courts Act

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify the execution of the eviction order pending appeal.
  2. 2 Whether the respondent will suffer irreparable harm if the eviction order is suspended.
  3. 3 Whether the appellants will suffer irreparable harm if the eviction order is executed.

Ratio Decidendi

The court found that the respondent had established exceptional circumstances justifying the execution of the eviction order pending appeal. The appellants' occupation was maintained by violence and a rent boycott, causing the respondent severe financial harm and threatening its continued existence. The respondent's ownership was proven by the title deed and registration, and the appellants failed to raise a bona fide dispute regarding ownership. The huur gaat voor koop rule applied, making the respondent the lawful landlord, and the continued occupation without payment was unjustified. The appellants were not indigent and could afford alternative accommodation. The respondent...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The order of Twala, AJ is confirmed.