Pitshou v Kendricks Estate Agencies CC and Another (1845/2019) [2019] ZAGPJHC 14 (25 January 2019)

Pitshou v Kendricks Estate Agencies CC and Another (1845/2019) [2019] ZAGPJHC 14 (25 January 2019)

The applicant failed to dispute the landlord's version that the electricity supply was interrupted due to water leakage and short-circuiting, not through deliberate action by the landlord. The applicant did not provide substantive evidence to contradict the landlord's explanation. As a result, the applicant has not shown that the landlord unlawfully deprived him of possession by cutting the electricity supply. The requirements for a spoliation order have not been met, and the application must be dismissed.

Citation
[2019] ZAGPJHC 14
Parties
Applicant: Kukubi Pitshou; Respondent: Kendricks Estate Agencies cc; Respondent: Kene Oguejiofor
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 January 2019
Case Number
1845/2019
Procedural Posture
Urgent Application / Application for Spoliation Order
Outcome
Application dismissed.
Judges
Van der Linde
Legal Topics
Spoliation, Lease Dispute, Urgent Application, Possession, Electricity Supply
Civil Procedure Land and Property Spoliation Lease Dispute Urgent Application Possession Electricity Supply

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Parties

Kukubi Pitshou

Applicant

Kendricks Estate Agencies cc

Respondent

Kene Oguejiofor

Respondent

Procedural Posture

Urgent Application / Application for Spoliation Order

Legal Issues

  1. 1 Whether the applicant has been unlawfully deprived of possession of the flat through discontinuation of electricity supply.
  2. 2 Whether the landlord took the law into his own hands by terminating the electricity supply.
  3. 3 Whether the applicant is entitled to a spoliation order restoring electricity.

Ratio Decidendi

The applicant failed to dispute the landlord's version that the electricity supply was interrupted due to water leakage and short-circuiting, not through deliberate action by the landlord. The applicant did not provide substantive evidence to contradict the landlord's explanation. As a result, the applicant has not shown that the landlord unlawfully deprived him of possession by cutting the electricity supply. The requirements for a spoliation order have not been met, and the application must be dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.