Schoonbee N.O and Others v Wohlkinger and Others (2022/23317) [2023] ZAGPJHC 1350 (21 November 2023)

Schoonbee N.O and Others v Wohlkinger and Others (2022/23317) [2023] ZAGPJHC 1350 (21 November 2023)

The applicants are the registered owners of the property and have satisfied all procedural requirements under the PIE Act for eviction. The respondents' sole defence is reliance on a long-term lease agreement that was not registered against the title deed. The evidence shows that the property was sold at auction subject to no lease, and the applicants had no actual knowledge of any onerous long-term lease at the time of purchase. The respondents failed to discharge the onus of proving such knowledge. The lease agreement, while in writing, is not enforceable against the applicants as successors in title due to lack of registration and absence of actual knowledge. No other valid defence was...

Citation
[2023] ZAGPJHC 1350
Parties
Applicant: Conrad Lodewyk Schoonbee N.O; Applicant: Angela Deborah Schoonbee N.O; Applicant: Gerhard Johannes Visser N.O obo By Die Groot Doringboom Investment Trust (IT 9894/2006); Respondent: Wolfgang Wohlkinger; Respondent: Rui Miguel De Figueiredo N.O; Respondent: Tanya Rocha N.O obo LWWS Holdings Trust (IT3059/2004); Respondent: The Unknown Occupiers of Unit 5 Mont Blanc Heights; Respondent: Ekhuruleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 November 2023
Case Number
2022/23317
Procedural Posture
Eviction Application / Judgment After Opposed Motion
Outcome
Eviction granted; respondents and all persons occupying through them are ordered to vacate the property within 14 days. Ancillary relief and costs awarded against respondents.
Judges
De Beer
Legal Topics
Eviction Under Pie Act, Rei Vindicatio, Long Term Lease Registration, Onus of Proof, Successor in Title, Motion Proceedings Affidavit Rules
Land and Property Civil Procedure Eviction Under Pie Act Rei Vindicatio Long Term Lease Registration Onus of Proof Successor in Title Motion Proceedings Affidavit Rules

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Parties

Conrad Lodewyk Schoonbee N.O

Applicant

Angela Deborah Schoonbee N.O

Applicant

Gerhard Johannes Visser N.O obo By Die Groot Doringboom Investment Trust (IT 9894/2006)

Applicant

Wolfgang Wohlkinger

Respondent

Rui Miguel De Figueiredo N.O

Respondent

Tanya Rocha N.O obo LWWS Holdings Trust (IT3059/2004)

Respondent

The Unknown Occupiers of Unit 5 Mont Blanc Heights

Respondent

Ekhuruleni Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers under the PIE Act and liable to eviction.
  2. 2 Whether the unregistered long-term lease agreement relied upon by the respondents is enforceable against the applicants as successors in title.
  3. 3 Whether the applicants had actual knowledge of the long-term lease at the time of purchase, binding them to its terms.

Ratio Decidendi

The applicants are the registered owners of the property and have satisfied all procedural requirements under the PIE Act for eviction. The respondents' sole defence is reliance on a long-term lease agreement that was not registered against the title deed. The evidence shows that the property was sold at auction subject to no lease, and the applicants had no actual knowledge of any onerous long-term lease at the time of purchase. The respondents failed to discharge the onus of proving such knowledge. The lease agreement, while in writing, is not enforceable against the applicants as successors in title due to lack of registration and absence of actual knowledge. No other valid defence was...

Court Disposition

Eviction granted; respondents and all persons occupying through them are ordered to vacate the property within 14 days. Ancillary relief and costs awarded against respondents.

Orders

  • The respondents and all persons occupying or claiming occupation through them are evicted from Unit 5, Mont Blanc Heights, Bedford Gardens, Bedfordview within 14 days from the date of service of this order.
  • Failing compliance, the Sheriff is authorised to take all necessary steps, including enlisting the assistance of the South African Police Service, to eject the respondents and all persons occupying through them from the property.