Olivier and Another v Manzini and Others (2022/20584) [2023] ZAGPJHC 1143 (6 October 2023)

Olivier and Another v Manzini and Others (2022/20584) [2023] ZAGPJHC 1143 (6 October 2023)

The court found that the Applicants were in peaceful and undisturbed possession of the property and that the Respondents' conduct amounted to spoliation. The urgency of the application was established by the events of 23 September 2023, as previously determined by Kuny J. The Respondents' argument that urgency was not established was rejected, as the facts and prior judicial findings supported the Applicants' position. The requirements for a final interdict were met, and the rule nisi was confirmed. However, the Applicants did not establish sufficient grounds for the relief sought in prayer 3 regarding the opening of a tenant account with the Fourth Respondent, given the pending trial...

Citation
[2023] ZAGPJHC 1143
Parties
Applicant: Cesley Olivier; Applicant: Marius Nicolas Olivier; Respondent: Stanley Blessing Manzini; Respondent: Noluthando Beauty Manzini; Respondent: Gary Ross Attorney Inc.; Respondent: The City Ekurhuleni Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 October 2023
Case Number
2022/20584
Procedural Posture
Urgent Application / Confirmation of Rule Nisi and Final Interdict
Outcome
Rule nisi confirmed; prayer 3 dismissed; costs awarded to Applicants.
Judges
Thupaatlase
Legal Topics
Spoliation, Interdict, Urgent Application, Sale of Immovable Property
Civil Procedure Land and Property Spoliation Interdict Urgent Application Sale of Immovable Property

Case Brief

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Parties

Cesley Olivier

Applicant

Marius Nicolas Olivier

Applicant

Stanley Blessing Manzini

Respondent

Noluthando Beauty Manzini

Respondent

Gary Ross Attorney Inc.

Respondent

The City Ekurhuleni Municipality

Respondent

Procedural Posture

Urgent Application / Confirmation of Rule Nisi and Final Interdict

Legal Issues

  1. 1 Whether the rule nisi issued on 23 September 2023 should be confirmed as a final order.
  2. 2 Whether the Applicants are entitled to an interdict restraining the Respondents from entering the property and contacting the Applicants.
  3. 3 Whether the Applicants are entitled to relief to open a tenant account with the Fourth Respondent for utilities.

Ratio Decidendi

The court found that the Applicants were in peaceful and undisturbed possession of the property and that the Respondents' conduct amounted to spoliation. The urgency of the application was established by the events of 23 September 2023, as previously determined by Kuny J. The Respondents' argument that urgency was not established was rejected, as the facts and prior judicial findings supported the Applicants' position. The requirements for a final interdict were met, and the rule nisi was confirmed. However, the Applicants did not establish sufficient grounds for the relief sought in prayer 3 regarding the opening of a tenant account with the Fourth Respondent, given the pending trial...

Court Disposition

Rule nisi confirmed; prayer 3 dismissed; costs awarded to Applicants.

Orders

  • The rule nisi granted on 23 September 2023 is hereby confirmed.
  • Prayer 3 of the notice of motion is dismissed.