Sebogoli and Another v Mdiya and Others (14237/2015) [2015] ZAGPJHC 197 (8 September 2015)

Sebogoli and Another v Mdiya and Others (14237/2015) [2015] ZAGPJHC 197 (8 September 2015)

The court found that the applicants voluntarily vacated the property on 2nd August 2015 in accordance with an oral agreement reached on 1st August 2015, and that the respondents only took occupation after the applicants had relinquished possession. The applicants failed to address the respondents' averment that the...

Source-derived case information.

Citation
[2015] ZAGPJHC 197
Parties
Applicant: Mahlomola Koos Sebogoli; Applicant: Mmamosa Faith Sebogoli; Respondent: Dominica Nomfano Mdiya; Respondent: Duduzile Jermina Motha; Respondent: Ekurhuleni Metropolitan Municipality; Respondent: Registrar of Deeds, Johannesburg; Respondent: Cornelia Maria Cloete N.O.; Respondent: Harry Kaplan N.O.; Respondent: Anna Paula De Oliviera N.O.; Respondent: Sophie Mmapula N.O.; Respondent: Sheriff for the District of Boksburg; Respondent: ABSA Bank Limited; Respondent: Standard Bank of South Africa Limited; Respondent: Ronnie Thabo Mbele
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2015
Case Number
14237/2015
Procedural Posture
Urgent Application / Application for Restoration of Possession and Joinder, Heard on Urgent Roll
Outcome
Application dismissed with costs.
Judges
M A Makume
Legal Topics
Spoliation, Urgent Interdict, Sale in Execution, Possession, Joinder of Parties
Civil Procedure Land and Property Spoliation Urgent Interdict Sale in Execution Possession Joinder of Parties

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Summary, issues, holding and outcome

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Parties

Mahlomola Koos Sebogoli

Applicant

Mmamosa Faith Sebogoli

Applicant

Dominica Nomfano Mdiya

Respondent

Duduzile Jermina Motha

Respondent

Ekurhuleni Metropolitan Municipality

Respondent

Registrar of Deeds, Johannesburg

Respondent

Cornelia Maria Cloete N.O.

Respondent

Harry Kaplan N.O.

Respondent

Anna Paula De Oliviera N.O.

Respondent

Sophie Mmapula N.O.

Respondent

Sheriff for the District of Boksburg

Respondent

ABSA Bank Limited

Respondent

Standard Bank of South Africa Limited

Respondent

Ronnie Thabo Mbele

Respondent

Procedural Posture

Urgent Application / Application for Restoration of Possession and Joinder, Heard on Urgent Roll

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed (spoliated) of the property during the weekend of 1st and 2nd August 2015.
  2. 2 Whether the application is urgent and should be heard as such.
  3. 3 Whether the applicants are entitled to restoration of possession of the property.

Ratio Decidendi

The court found that the applicants voluntarily vacated the property on 2nd August 2015 in accordance with an oral agreement reached on 1st August 2015, and that the respondents only took occupation after the applicants had relinquished possession. The applicants failed to address the respondents' averment that the property was vacated and unlocked, and did not provide evidence of spoliation. The agreement to vacate was not tainted by duress or irregularity, and the applicants' reliance on prior ownership and the Brusson Scheme was irrelevant to the spoliation claim. The application lacked urgency, as previously ruled, and the applicants did not set out new facts to justify urgent relief....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the respondents on a party and party scale.