Priseshelf 11177CC v Joubert (39065/09) [2009] ZAGPPHC 282 (4 September 2009)

Priseshelf 11177CC v Joubert (39065/09) [2009] ZAGPPHC 282 (4 September 2009)

The court found that the applicant failed to comply with section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act by not serving notice on the municipality having jurisdiction, which is a peremptory requirement. Additionally, the founding affidavit did not establish proper locus standi for Mr Angelo to bring the application in his personal capacity, as he was only authorized to litigate in the name of the applicant. The absence of joinder of the municipality and the lack of proper averments regarding locus standi were fatal to the application. The court held that these procedural defects warranted dismissal of the application with costs.

Citation
[2009] ZAGPPHC 282
Parties
Applicant: Priseshelf 11177CC; Respondent: F D Joubert
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 September 2009
Case Number
39065/09
Procedural Posture
Eviction Application / First Instance
Outcome
Application dismissed with costs.
Judges
V V Tlhapi
Legal Topics
Prevention of Illegal Eviction Act, Joinder of Municipality, Locus Standi, Just and Equitable Eviction
Land and Property Civil Procedure Prevention of Illegal Eviction Act Joinder of Municipality Locus Standi Just and Equitable Eviction

Case Brief

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Parties

Priseshelf 11177CC

Applicant

F D Joubert

Respondent

Procedural Posture

Eviction Application / First Instance

Legal Issues

  1. 1 Whether the applicant complied with section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act by serving notice on the municipality.
  2. 2 Whether the applicant established proper locus standi to bring the eviction application.
  3. 3 Whether the eviction application should be dismissed due to procedural defects.

Ratio Decidendi

The court found that the applicant failed to comply with section 4(2) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act by not serving notice on the municipality having jurisdiction, which is a peremptory requirement. Additionally, the founding affidavit did not establish proper locus standi for Mr Angelo to bring the application in his personal capacity, as he was only authorized to litigate in the name of the applicant. The absence of joinder of the municipality and the lack of proper averments regarding locus standi were fatal to the application. The court held that these procedural defects warranted dismissal of the application with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.