Raborife and Another v Mafikeng Local Municipality (M333/2016) [2017] ZANWHC 7 (16 February 2017)

Raborife and Another v Mafikeng Local Municipality (M333/2016) [2017] ZANWHC 7 (16 February 2017)

The court held that Ms Mokobane has a direct and substantial interest in the outcome of the eviction proceedings, as the ownership and transfer of the properties are disputed and subject to pending litigation. The applicant was aware of the respondent's claims and previous court actions regarding the properties, and the merits of those cases have not been resolved. Proceeding with eviction without joining Ms Mokobane would prejudice her rights and violate the principle that no order should be made against a person without affording them an opportunity to be heard. Furthermore, the applicant cannot seek eviction while the main action regarding ownership is pending and unresolved. The...

Citation
[2017] ZANWHC 7
Parties
Applicant: Millicent Maria Raborife; Respondent: Jan Nkosi; Respondent: Mafikeng Local Municipality
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 February 2017
Case Number
M333/2016
Procedural Posture
Urgent Application / Application for Eviction; Preliminary Point in Limine Raised
Outcome
Application for eviction not granted; applicant ordered to join Ms Mokobane; matter removed from the roll; each party to pay its own costs.
Judges
M M Leeuw
Legal Topics
Joinder of Parties, Eviction, Ownership Dispute, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Joinder of Parties Eviction Ownership Dispute Prevention of Illegal Eviction Act

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Parties

Millicent Maria Raborife

Applicant

Jan Nkosi

Respondent

Mafikeng Local Municipality

Respondent

Procedural Posture

Urgent Application / Application for Eviction; Preliminary Point in Limine Raised

Legal Issues

  1. 1 Whether Ms Mokobane should have been joined as a party to the eviction proceedings.
  2. 2 Whether the applicant can seek eviction while the main action regarding ownership is pending.
  3. 3 Whether the respondent has a direct and substantial interest in the properties sufficient to delay eviction until the main action is resolved.

Ratio Decidendi

The court held that Ms Mokobane has a direct and substantial interest in the outcome of the eviction proceedings, as the ownership and transfer of the properties are disputed and subject to pending litigation. The applicant was aware of the respondent's claims and previous court actions regarding the properties, and the merits of those cases have not been resolved. Proceeding with eviction without joining Ms Mokobane would prejudice her rights and violate the principle that no order should be made against a person without affording them an opportunity to be heard. Furthermore, the applicant cannot seek eviction while the main action regarding ownership is pending and unresolved. The...

Court Disposition

Application for eviction not granted; applicant ordered to join Ms Mokobane; matter removed from the roll; each party to pay its own costs.

Orders

  • The applicant is ordered to join Ms Millicent Maria Mokobane as a party to these proceedings.
  • The respondent is directed to obtain legal representation and, if necessary, to approach Legal Aid South Africa for assistance.