Take Shape Prop 112 (PTY) LIMITED v Kgoroyabohle Trading CC and Others (58478/2021) [2023] ZAGPPHC 42 (3 February 2023)

Take Shape Prop 112 (PTY) LIMITED v Kgoroyabohle Trading CC and Others (58478/2021) [2023] ZAGPPHC 42 (3 February 2023)

The court found that there are material disputes of fact regarding the terms and cancellation of the instalment sale agreement between the applicant and respondents. These disputes cannot be resolved on the papers and are closely linked to the question of eviction. In the interests of justice, the matter must be...

Source-derived case information.

Citation
[2023] ZAGPPHC 42
Parties
Applicant: Take Shape Prop 112 (PTY) LIMITED; Respondent: Kgoroyabohle Trading CC; Respondent: Moloko Patience Mpai; Respondent: Madibeng Local Municipality; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 February 2023
Case Number
58478/2021
Procedural Posture
Eviction Application / Opposed Motion; Referral to Oral Evidence
Outcome
Matter referred to oral evidence; costs to be costs in the cause.
Judges
G Ally
Legal Topics
Eviction, Instalment Sale Agreement, Prevention of Illegal Eviction Act, Dispute of Fact, Referral to Oral Evidence
Land and Property Civil Procedure Eviction Instalment Sale Agreement Prevention of Illegal Eviction Act Dispute of Fact Referral to Oral Evidence

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Summary, issues, holding and outcome

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Parties

Take Shape Prop 112 (PTY) LIMITED

Applicant

Kgoroyabohle Trading CC

Respondent

Moloko Patience Mpai

Respondent

Madibeng Local Municipality

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Opposed Motion; Referral to Oral Evidence

Legal Issues

  1. 1 Whether the instalment sale agreement for the property was validly cancelled.
  2. 2 Whether the applicant is entitled to an eviction order against the respondents.
  3. 3 Whether the matter should be referred to oral evidence due to material disputes of fact.

Ratio Decidendi

The court found that there are material disputes of fact regarding the terms and cancellation of the instalment sale agreement between the applicant and respondents. These disputes cannot be resolved on the papers and are closely linked to the question of eviction. In the interests of justice, the matter must be referred to oral evidence to properly investigate the contractual issues and determine whether the applicant is entitled to evict the respondents. The court exercised its discretion to refer the matter to oral evidence mero motu, and ordered that costs be costs in the cause.

Court Disposition

Matter referred to oral evidence; costs to be costs in the cause.

Orders

  • This matter is referred for oral evidence in respect of the terms of the instalment sale agreement and the cancellation of the said agreement.
  • The costs of this application shall be costs in the cause.