Skog N.O and Others v Agullus and Others (LCC88/2019) [2021] ZALCC 1 (18 February 2021)

Skog N.O and Others v Agullus and Others (LCC88/2019) [2021] ZALCC 1 (18 February 2021)

The court found that the Trust failed to prove any specific fundamental breach of the relationship between itself and the respondents as required by section 10(1)(c) of the Extension of Security of Tenure Act. The allegations were general and unsubstantiated, with no evidence linking the respondents to the misconduct complained of. The court held that it would not be just and equitable to order the eviction of multiple households based on blanket allegations. The special plea of res judicata failed because the parties cited in the Magistrate's Court were not the same as those in the present proceedings, although the cause of action and subject matter were identical. The objection to the...

Citation
[2021] ZALCC 1
Parties
Applicant: Isedor Skog N.O.; Applicant: Reinette Skog N.O.; Applicant: Henrik Collins Gerryts N.O.; Respondent: Koos Agullus and 25 Others; Respondent: Drakenstein Municipality; Respondent: Head: Western Cape Provincial Department of Rural Development and Land Reform
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
18 February 2021
Case Number
LCC88/2019
Procedural Posture
Eviction Application / Judgment
Outcome
Application for eviction dismissed; no order as to costs.
Judges
T M Ncube
Legal Topics
Extension of Security of Tenure Act, Eviction Proceedings, Res Judicata, Commissioning of Affidavits
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Proceedings Res Judicata Commissioning of Affidavits

Case Brief

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Parties

Isedor Skog N.O.

Applicant

Reinette Skog N.O.

Applicant

Henrik Collins Gerryts N.O.

Applicant

Koos Agullus and 25 Others

Respondent

Drakenstein Municipality

Respondent

Head: Western Cape Provincial Department of Rural Development and Land Reform

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the respondents committed a fundamental breach of the relationship with the owner as required for eviction under section 10(1)(c) of the Extension of Security of Tenure Act.
  2. 2 Whether the matter is res judicata due to previous proceedings in the Magistrate's Court.
  3. 3 Whether the founding affidavit was properly commissioned.

Ratio Decidendi

The court found that the Trust failed to prove any specific fundamental breach of the relationship between itself and the respondents as required by section 10(1)(c) of the Extension of Security of Tenure Act. The allegations were general and unsubstantiated, with no evidence linking the respondents to the misconduct complained of. The court held that it would not be just and equitable to order the eviction of multiple households based on blanket allegations. The special plea of res judicata failed because the parties cited in the Magistrate's Court were not the same as those in the present proceedings, although the cause of action and subject matter were identical. The objection to the...

Court Disposition

Application for eviction dismissed; no order as to costs.

Orders

  • Both points in limine are dismissed.
  • The application for the eviction of the first to twenty sixth respondents from the remainder of farm number 1458, Drakenstein Municipality, Paarl Division, Western Cape is dismissed.