Phiri and Others v National Savings and Investments (PTY) Ltd and Another (22/15178) [2022] ZAGPJHC 843 (28 October 2022)

Phiri and Others v National Savings and Investments (PTY) Ltd and Another (22/15178) [2022] ZAGPJHC 843 (28 October 2022)

The applicants failed to establish any lawful right or entitlement to occupy the units, having previously been evicted pursuant to valid court orders. Their subsequent occupation was unlawful and in flagrant disregard of those orders. The application was found to be lis pendens due to pending urgent applications for similar relief, rendering it vexatious. The applicants did not advance bona fide defences under the PIE Act or provide sufficient personal circumstances to justify continued occupation. The court found that the applicants abused the process to prolong rent-free occupation and free electricity. The rule nisi was discharged, eviction ordered, and attorney-and-client costs...

Citation
[2022] ZAGPJHC 843
Parties
Applicant: Mbali Phiri; Applicant: Heavy Chukwu; Applicant: Kabamba Kanyianda; Applicant: Moses Mwape; Respondent: National Savings and Investments (PTY) Ltd; Respondent: The Sheriff of the Court, Boksburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 October 2022
Case Number
22/15178
Procedural Posture
Urgent Application / Extended Return Date of Rule Nisi; Opposed Motion
Outcome
Application dismissed; rule nisi discharged; eviction ordered; costs awarded against applicants on attorney-and-client scale.
Judges
Bekker
Legal Topics
Prevention of Illegal Eviction Act, Spoliation, Eviction Orders, Lis Alibi Pendens, Attorney and Client Costs
Land and Property Civil Procedure Prevention of Illegal Eviction Act Spoliation Eviction Orders Lis Alibi Pendens Attorney and Client Costs

Case Brief

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Parties

Mbali Phiri

Applicant

Heavy Chukwu

Applicant

Kabamba Kanyianda

Applicant

Moses Mwape

Applicant

National Savings and Investments (PTY) Ltd

Respondent

The Sheriff of the Court, Boksburg

Respondent

Procedural Posture

Urgent Application / Extended Return Date of Rule Nisi; Opposed Motion

Legal Issues

  1. 1 Whether the applicants are entitled to confirmation of the rule nisi for restoration of occupation and electricity supply to the units.
  2. 2 Whether the applicants have established any lawful right or entitlement to occupy the units.
  3. 3 Whether the application is lis pendens in light of pending urgent applications for similar relief.

Ratio Decidendi

The applicants failed to establish any lawful right or entitlement to occupy the units, having previously been evicted pursuant to valid court orders. Their subsequent occupation was unlawful and in flagrant disregard of those orders. The application was found to be lis pendens due to pending urgent applications for similar relief, rendering it vexatious. The applicants did not advance bona fide defences under the PIE Act or provide sufficient personal circumstances to justify continued occupation. The court found that the applicants abused the process to prolong rent-free occupation and free electricity. The rule nisi was discharged, eviction ordered, and attorney-and-client costs...

Court Disposition

Application dismissed; rule nisi discharged; eviction ordered; costs awarded against applicants on attorney-and-client scale.

Orders

  • The rule nisi order issued on 26 April 2022 is discharged and not made final.
  • The applicants and all other unlawful occupiers are ordered to vacate the units on or before 30 November 2022.