Poole NO and Another v Powell and Others (7395/18) [2019] ZAGPJHC 27 (7 February 2019)

Poole NO and Another v Powell and Others (7395/18) [2019] ZAGPJHC 27 (7 February 2019)

The court found that the applicants, as liquidators, had the necessary standing and that the lease was validly cancelled, rendering the respondents unlawful occupiers. The PIE Act's requirements were satisfied, and the respondents were not destitute nor in need of municipal assistance for alternative accommodation. The court considered the circumstances, including the respondents' financial means and the absence of children or other vulnerable persons requiring protection. The presence of other families was addressed, with the first respondent confirming they held occupation through her and would vacate with her. The court concluded that it was just and equitable to grant an eviction...

Citation
[2019] ZAGPJHC 27
Parties
Applicant: Angelene Poole N.O.; Applicant: Yusuf Ebrahim N.O.; Respondent: Natalie-Anne Powell; Respondent: Kevin Vahid Fitzpatrick; Respondent: The Occupants of Erf [...] Jukskei Park, Ext 5 Township; Respondent: The City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 February 2019
Case Number
7395/18
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Eviction order granted against the first and second respondents and all those claiming occupation through and under them, with a deadline to vacate the property by 30 April 2019. Costs awarded against the first and second respondents jointly and severally.
Judges
André Gautschi
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Just and Equitable Test
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Just and Equitable Test

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Parties

Angelene Poole N.O.

Applicant

Yusuf Ebrahim N.O.

Applicant

Natalie-Anne Powell

Respondent

Kevin Vahid Fitzpatrick

Respondent

The Occupants of Erf [...] Jukskei Park, Ext 5 Township

Respondent

The City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the first and second respondents and those claiming occupation through them are in unlawful occupation of the property.
  2. 2 Whether the lease was validly cancelled and the respondents are subject to eviction under the PIE Act.
  3. 3 Whether it is just and equitable to grant an eviction order, considering the circumstances of the respondents and the requirements of the PIE Act.

Ratio Decidendi

The court found that the applicants, as liquidators, had the necessary standing and that the lease was validly cancelled, rendering the respondents unlawful occupiers. The PIE Act's requirements were satisfied, and the respondents were not destitute nor in need of municipal assistance for alternative accommodation. The court considered the circumstances, including the respondents' financial means and the absence of children or other vulnerable persons requiring protection. The presence of other families was addressed, with the first respondent confirming they held occupation through her and would vacate with her. The court concluded that it was just and equitable to grant an eviction...

Court Disposition

Eviction order granted against the first and second respondents and all those claiming occupation through and under them, with a deadline to vacate the property by 30 April 2019. Costs awarded against the first and second respondents jointly and severally.

Orders

  • The first and second respondents and all those claiming occupation through and under them are ordered to be evicted from Erf [...] Jukskei Park, Ext 5 Township, situated at [...] S Street, Jukskei Park, Johannesburg.
  • The first and second respondents and all those claiming occupation through and under them must vacate the property on or before 30 April 2019.