Tendaupenyu NO and Another v Phetla and Others (77903/2015) [2016] ZAGPPHC 80 (17 February 2016)

Tendaupenyu NO and Another v Phetla and Others (77903/2015) [2016] ZAGPPHC 80 (17 February 2016)

The court found that the applicants had complied with all procedural requirements for eviction under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, including proper service of notices and orders on the respondents. The respondents, despite being represented by attorneys and having been given an opportunity to oppose, failed to file any answering affidavits or substantive opposition. In the absence of any opposition and on the strength of the applicants' founding affidavit, the court was satisfied that a proper case for eviction had been made out and granted the order as sought.

Citation
[2016] ZAGPPHC 80
Parties
Applicant: Wesley Tendaupenyu N.O; Applicant: Roberto Jorge Mendonca Velosa N.O; Respondent: Simon Phetla; Respondent: Sophie Mogola; Respondent: The Unknown Unlawful Occupiers of the Remaining Extent of Portion 28 of the Farm Windhoek 222 JS, Mpumalanga; Respondent: Emakhazeni Local Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 February 2016
Case Number
77903/2015
Procedural Posture
Urgent Application / Reasons for Order Following Unopposed Eviction Application
Outcome
Eviction order granted against the first to third respondents on an unopposed basis.
Judges
AC Basson
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Service of Process
Land and Property Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Service of Process

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Parties

Wesley Tendaupenyu N.O

Applicant

Roberto Jorge Mendonca Velosa N.O

Applicant

Simon Phetla

Respondent

Sophie Mogola

Respondent

The Unknown Unlawful Occupiers of the Remaining Extent of Portion 28 of the Farm Windhoek 222 JS, Mpumalanga

Respondent

Emakhazeni Local Municipality

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Unopposed Eviction Application

Legal Issues

  1. 1 Whether the respondents were properly served with the eviction application and related court orders.
  2. 2 Whether the applicants made out a proper case for eviction under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act.
  3. 3 Whether the respondents had an opportunity to oppose the application and failed to do so.

Ratio Decidendi

The court found that the applicants had complied with all procedural requirements for eviction under the Prevention of Illegal Eviction and Unlawful Occupation of Land Act, including proper service of notices and orders on the respondents. The respondents, despite being represented by attorneys and having been given an opportunity to oppose, failed to file any answering affidavits or substantive opposition. In the absence of any opposition and on the strength of the applicants' founding affidavit, the court was satisfied that a proper case for eviction had been made out and granted the order as sought.

Court Disposition

Eviction order granted against the first to third respondents on an unopposed basis.

Orders

  • The first to third respondents are evicted from the Remaining Extent of Portion 28 of the Farm Windhoek 222, Mpumalanga.