Phayane v MC Denneboom Services Station CC and Another (51724/2012) [2013] ZAGPPHC 363 (28 November 2013)

Phayane v MC Denneboom Services Station CC and Another (51724/2012) [2013] ZAGPPHC 363 (28 November 2013)

The court found that the applicant is the registered owner of the property and that the respondents occupy the premises without any legal right or agreement. The PIE Act was held not to apply as the property is zoned for commercial purposes and the relief sought excludes residential occupants. The pending litigation concerns ownership, not occupation, and the respondents failed to prove a stronger right of occupation than the applicant. Accordingly, the applicant is entitled to an ejectment order.

Citation
[2013] ZAGPPHC 363
Parties
Applicant: Molefe Ian Phayane; Respondent: MC Denneboom Services Station CC; Respondent: Nola Allison Chiloane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 November 2013
Case Number
51724/2012
Procedural Posture
Urgent Application / Application for Ejectment Order
Outcome
Application granted; ejectment order issued against respondents excluding residential occupants.
Judges
Cambanis
Legal Topics
Ejectment, Right of Occupation, Pending Litigation, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Ejectment Right of Occupation Pending Litigation Prevention of Illegal Eviction Act

Case Brief

Summary, issues, holding and outcome

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Parties

Molefe Ian Phayane

Applicant

MC Denneboom Services Station CC

Respondent

Nola Allison Chiloane

Respondent

Procedural Posture

Urgent Application / Application for Ejectment Order

Legal Issues

  1. 1 Whether the applicant, as registered owner, is entitled to an ejectment order against the respondents despite pending litigation regarding ownership.
  2. 2 Whether the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act applies to the present facts.
  3. 3 Whether respondents have a stronger right of occupation than the applicant.

Ratio Decidendi

The court found that the applicant is the registered owner of the property and that the respondents occupy the premises without any legal right or agreement. The PIE Act was held not to apply as the property is zoned for commercial purposes and the relief sought excludes residential occupants. The pending litigation concerns ownership, not occupation, and the respondents failed to prove a stronger right of occupation than the applicant. Accordingly, the applicant is entitled to an ejectment order.

Court Disposition

Application granted; ejectment order issued against respondents excluding residential occupants.

Orders

  • The first and second respondents and all persons working through or under them, excluding any residential occupants, are ejected from Erf 22104, City of Tshwane Metropolitan Municipality, registration division J.R., Province of Gauteng, situate at 95 Tsamaya Road, Mamelodi.
  • The first and second respondents are ordered to pay the costs of the application on a party and party basis.