Ramaila Bellegings (Edms) Bpk v Zervick and Another (9647/2007, 9648/2007, 5014/2007, 5015/07) [2011] ZAGPPHC 95 (19 May 2011)

Ramaila Bellegings (Edms) Bpk v Zervick and Another (9647/2007, 9648/2007, 5014/2007, 5015/07) [2011] ZAGPPHC 95 (19 May 2011)

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 (PIE), which requires that notice of eviction proceedings be served at least 14 days before the hearing. The applicant did not provide proof of such service in respect of the relevant matters. Compliance with section 4(2) is a peremptory requirement, and without it, the court cannot grant the eviction orders sought. As a result, all applications were dismissed with costs.

Citation
[2011] ZAGPPHC 95
Parties
Applicant: Ramaila Bellegings (Edms) Bpk; Respondent: Jenny Zervick; Respondent: Francois Du Preez
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 May 2011
Case Number
9647/2007, 9648/2007, 5014/2007, 5015/07
Procedural Posture
Eviction Application / Final Judgment
Outcome
Applications for eviction under all case numbers dismissed with costs.
Judges
N.M. Mavundla
Legal Topics
Eviction Proceedings, Prevention of Illegal Eviction Act, Service of Process, Just and Equitable Order
Land and Property Civil Procedure Eviction Proceedings Prevention of Illegal Eviction Act Service of Process Just and Equitable Order

Case Brief

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Parties

Ramaila Bellegings (Edms) Bpk

Applicant

Jenny Zervick

Respondent

Francois Du Preez

Respondent

Procedural Posture

Eviction Application / Final Judgment

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 (PIE) regarding service of notice.
  2. 2 Whether the respondents are in unlawful occupation of the properties.
  3. 3 Whether the eviction orders sought are just and equitable in terms of PIE.

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 (PIE), which requires that notice of eviction proceedings be served at least 14 days before the hearing. The applicant did not provide proof of such service in respect of the relevant matters. Compliance with section 4(2) is a peremptory requirement, and without it, the court cannot grant the eviction orders sought. As a result, all applications were dismissed with costs.

Court Disposition

Applications for eviction under all case numbers dismissed with costs.

Orders

  • The applications under case numbers 9647/2007, 9648/2007, 5014/07, and 5015/07 are dismissed with costs.