Thutha v Thutha and Another (745/09) [2010] ZAECMHC 2 (12 February 2010)

Thutha v Thutha and Another (745/09) [2010] ZAECMHC 2 (12 February 2010)

The applicant is the registered owner of the property and has locus standi to bring the eviction application. The settlement agreement, although binding, does not grant the first respondent a right to occupy the premises and does not affect the applicant's current ownership. The children, while having an interest in the property, do not have a legal interest in the relief sought and thus need not be joined. The first respondent is an unlawful occupier under the PIE Act, as she occupies the premises without the applicant's consent or any legal right. However, the court must consider whether eviction is just and equitable. The wishes of the children, who will ultimately own the property and...

Citation
[2010] ZAECMHC 2
Parties
Applicant: Mzwandile Larrington Thutha; Respondent: Nocawe Phyllis Thutha; Respondent: KSD Local Municipality
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
12 February 2010
Case Number
745/09
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed. Each party to pay his or her own costs.
Judges
Dawood
Legal Topics
Prevention of Illegal Eviction Act, Eviction, Settlement Agreement, Ownership, Non Joinder, Just and Equitable Eviction
Land and Property Civil Procedure Prevention of Illegal Eviction Act Eviction Settlement Agreement Ownership Non Joinder Just and Equitable Eviction

Case Brief

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Parties

Mzwandile Larrington Thutha

Applicant

Nocawe Phyllis Thutha

Respondent

KSD Local Municipality

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicant is the owner of the premises.
  2. 2 What effect the settlement agreement has on the parties' rights.
  3. 3 Whether the children should have been joined in the proceedings.

Ratio Decidendi

The applicant is the registered owner of the property and has locus standi to bring the eviction application. The settlement agreement, although binding, does not grant the first respondent a right to occupy the premises and does not affect the applicant's current ownership. The children, while having an interest in the property, do not have a legal interest in the relief sought and thus need not be joined. The first respondent is an unlawful occupier under the PIE Act, as she occupies the premises without the applicant's consent or any legal right. However, the court must consider whether eviction is just and equitable. The wishes of the children, who will ultimately own the property and...

Court Disposition

Application dismissed. Each party to pay his or her own costs.

Orders

  • The application for eviction is dismissed.
  • Each party is to pay his or her own costs.