Sithole and Others v Meyer (2017/07857) [2017] ZAGPJHC 77 (17 March 2017)

Sithole and Others v Meyer (2017/07857) [2017] ZAGPJHC 77 (17 March 2017)

The court held that the original urgent order granted in the respondent's absence lacked sufficient particularity regarding the persons entitled to reinstatement. Upon reconsideration, and after evaluating supplementary affidavits and applying the Plascon-Evans principle, the court found that only certain applicants had made out a case for reinstatement. The respondent's conduct, while not physically violent, amounted to urging occupiers to vacate, which constituted spoliation. The first and second applicants were not in occupation at the relevant time and thus not entitled to relief. The order was set aside and replaced with a new order specifying the individuals entitled to...

Citation
[2017] ZAGPJHC 77
Parties
Applicant: Mavis Nomsa Sithole; Applicant: Charlene Nyeleti Mkhonto; Applicant: Princess Yvonne Sithole; Applicant: Mamikie Emily Mtshweni; Applicant: Manto Morwagaaswe; Applicant: Robert John Brotton; Applicant: Marion Dorothy Fourie; Applicant: Frederick Darrel Lamprecht; Applicant: Carmel Van den Bergh; Applicant: Dirkie Van den Bergh; Applicant: Edmund Bongani Mathonsi; Respondent: Petrus Hendrik Meyer (Markon Realty)
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 March 2017
Case Number
2017/07857
Procedural Posture
Urgent Application / Reconsideration of Urgent Order Under Uniform Rule 6(12)(c)
Outcome
Original urgent order set aside and replaced; specified applicants reinstated; each party to bear own costs.
Judges
L R Adams
Legal Topics
Mandament Van Spolie, Urgent Interdict, Reconsideration of Ex Parte Order, Eviction Without Court Order
Civil Procedure Land and Property Mandament Van Spolie Urgent Interdict Reconsideration of Ex Parte Order Eviction Without Court Order

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Parties

Mavis Nomsa Sithole

Applicant

Charlene Nyeleti Mkhonto

Applicant

Princess Yvonne Sithole

Applicant

Mamikie Emily Mtshweni

Applicant

Manto Morwagaaswe

Applicant

Robert John Brotton

Applicant

Marion Dorothy Fourie

Applicant

Frederick Darrel Lamprecht

Applicant

Carmel Van den Bergh

Applicant

Dirkie Van den Bergh

Applicant

Edmund Bongani Mathonsi

Applicant

Petrus Hendrik Meyer (Markon Realty)

Respondent

Procedural Posture

Urgent Application / Reconsideration of Urgent Order Under Uniform Rule 6(12)(c)

Legal Issues

  1. 1 Whether the original urgent order for reinstatement of occupation should be reconsidered under Uniform Rule 6(12)(c).
  2. 2 Which applicants were entitled to reinstatement of occupation of the premises.
  3. 3 Whether the respondent's conduct constituted unlawful eviction without a court order.

Ratio Decidendi

The court held that the original urgent order granted in the respondent's absence lacked sufficient particularity regarding the persons entitled to reinstatement. Upon reconsideration, and after evaluating supplementary affidavits and applying the Plascon-Evans principle, the court found that only certain applicants had made out a case for reinstatement. The respondent's conduct, while not physically violent, amounted to urging occupiers to vacate, which constituted spoliation. The first and second applicants were not in occupation at the relevant time and thus not entitled to relief. The order was set aside and replaced with a new order specifying the individuals entitled to...

Court Disposition

Original urgent order set aside and replaced; specified applicants reinstated; each party to bear own costs.

Orders

  • The order of 3 March 2017 is reconsidered, set aside, and replaced.
  • The third to eleventh applicants, together with their children where applicable, are allowed to return to and retake occupation of the premises at 17 Cloverfield Road, Dersley Park, Springs, Gauteng.