T v T and Others (2021/45975) [2022] ZAGPJHC 785 (11 October 2022)

T v T and Others (2021/45975) [2022] ZAGPJHC 785 (11 October 2022)

The applicant is the sole owner of the property by virtue of the divorce decree and forfeiture order. No enforceable agreement exists granting the first respondent rights to the property, as any such agreement would need to comply with the Alienation of Land Act. The first respondent and other occupiers have no legal entitlement to remain. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act applies, and the court must consider whether eviction is just and equitable. The court finds that all statutory requirements have been met, no valid defence has been raised, and it is just and equitable to grant the eviction order. A ninety-day period is provided for the first...

Citation
[2022] ZAGPJHC 785
Parties
Applicant: T [....], B [....] S [....]; Respondent: T [....], M [....] K [....]; Respondent: ALL UNKNOWN OCCUPIERS RESIDING AT ERF [....]; Respondent: ELINDINGA EXT [....] TOWNSHIP EKURHULENI METROPOLITAN MUNICIPALITY
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2022
Case Number
2021/45975
Procedural Posture
Eviction Application / First Instance
Outcome
Eviction order granted against the first respondent and all persons occupying through her; costs awarded against the first respondent.
Judges
Moorcroft
Legal Topics
Eviction, Unlawful Occupation, Forfeiture Order, Alienation of Land Act, Prevention of Illegal Eviction Act
Land and Property Civil Procedure Eviction Unlawful Occupation Forfeiture Order Alienation of Land Act Prevention of Illegal Eviction Act

Case Brief

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Parties

T [....], B [....] S [....]

Applicant

T [....], M [....] K [....]

Respondent

ALL UNKNOWN OCCUPIERS RESIDING AT ERF [....]

Respondent

ELINDINGA EXT [....] TOWNSHIP EKURHULENI METROPOLITAN MUNICIPALITY

Respondent

Procedural Posture

Eviction Application / First Instance

Legal Issues

  1. 1 Whether the applicant is entitled to evict the first respondent and all persons occupying through her from the property.
  2. 2 Whether any enforceable agreement exists granting the first respondent rights to the property.
  3. 3 Whether it is just and equitable to grant an eviction order under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.

Ratio Decidendi

The applicant is the sole owner of the property by virtue of the divorce decree and forfeiture order. No enforceable agreement exists granting the first respondent rights to the property, as any such agreement would need to comply with the Alienation of Land Act. The first respondent and other occupiers have no legal entitlement to remain. The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act applies, and the court must consider whether eviction is just and equitable. The court finds that all statutory requirements have been met, no valid defence has been raised, and it is just and equitable to grant the eviction order. A ninety-day period is provided for the first...

Court Disposition

Eviction order granted against the first respondent and all persons occupying through her; costs awarded against the first respondent.

Orders

  • The first respondent and all persons who occupy with or through her are ordered to vacate the property situate at Erf [....] Elindinga Ext [....] Township situated at [....] A [....] Street, Elindinga Ext [....], within ninety days of the date of this order.
  • The Sheriff and Deputy Sheriff of the Court are authorised and instructed to carry out the eviction and to remove the first respondent and all persons who occupy with or through her from the property in the event of non-compliance.