Randfontein Local Municipality v Selepe and Others (26342/2014) [2015] ZAGPPHC 64 (6 February 2015)

Randfontein Local Municipality v Selepe and Others (26342/2014) [2015] ZAGPPHC 64 (6 February 2015)

The court found that the first respondent signed the lease in his personal capacity and continued to occupy the Community Hall after the lease expired. The documents submitted did not authorise the first respondent to act on behalf of the second and third respondents. The applicant proved a valid lease, termination, continued occupation, and damages. The respondents failed to show lawful occupation or proper authorisation to oppose the application. The court was satisfied that all respondents were in unlawful occupation and granted the eviction application. Costs were awarded on a party and party scale, not attorney and client scale, as the letter demanding vacation was not sufficient to...

Citation
[2015] ZAGPPHC 64
Parties
Applicant: Randfontein Local Municipality; Respondent: Martinus Mocheudi Selepe; Respondent: Jesus Christ Family Fellowship Centre; Respondent: Voice of Jesus Christ Institute for Supernatural Ministry
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 February 2015
Case Number
26342/2014
Procedural Posture
Urgent Application / Eviction Application After Failed Postponement
Outcome
Eviction application granted against all respondents; costs awarded on a party and party scale.
Judges
Moseamo
Legal Topics
Eviction, Unlawful Occupation, Lease Termination, Authority to Litigate
Land and Property Civil Procedure Eviction Unlawful Occupation Lease Termination Authority to Litigate

Case Brief

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Parties

Randfontein Local Municipality

Applicant

Martinus Mocheudi Selepe

Respondent

Jesus Christ Family Fellowship Centre

Respondent

Voice of Jesus Christ Institute for Supernatural Ministry

Respondent

Procedural Posture

Urgent Application / Eviction Application After Failed Postponement

Legal Issues

  1. 1 Whether the respondents are in unlawful occupation of the Community Hall.
  2. 2 Whether the first respondent was authorised to act on behalf of the second and third respondents.
  3. 3 Whether the applicant has made out a case for eviction of the respondents.

Ratio Decidendi

The court found that the first respondent signed the lease in his personal capacity and continued to occupy the Community Hall after the lease expired. The documents submitted did not authorise the first respondent to act on behalf of the second and third respondents. The applicant proved a valid lease, termination, continued occupation, and damages. The respondents failed to show lawful occupation or proper authorisation to oppose the application. The court was satisfied that all respondents were in unlawful occupation and granted the eviction application. Costs were awarded on a party and party scale, not attorney and client scale, as the letter demanding vacation was not sufficient to...

Court Disposition

Eviction application granted against all respondents; costs awarded on a party and party scale.

Orders

  • Application against the respondents is granted.
  • First, second and third respondents and all other persons holding through them are evicted from the Community Hall.