Tomma and Another v Ramoshai and Others (2021/13962) [2021] ZAGPJHC 171 (14 May 2021)

Tomma and Another v Ramoshai and Others (2021/13962) [2021] ZAGPJHC 171 (14 May 2021)

The court found that the applicants had demonstrated exceptional circumstances due to ongoing intimidation, threats, and financial loss resulting from the respondents' conduct, including a rental boycott and physical attacks. The applicants were forced to vacate their property and live in hiding, suffering irreparable harm both personally and financially. The respondents failed to provide substantive evidence of prejudice or irreparable harm if the eviction order was executed, nor did they assert any legal entitlement to continued occupation or risk of homelessness. The application for leave to appeal was found to be procedurally defective and lacking prospects of success. The cumulative...

Citation
[2021] ZAGPJHC 171
Parties
Applicant: Lorenza Tomma; Applicant: Brigitte Tomma; Respondent: Lindiwe Ramoshai; Respondent: Asanda Namba; Respondent: Michelle Nanda Snyman; Respondent: Elizabeth Mkethi; Respondent: Nomvuyo Agnes Ndibi; Respondent: Sinikiwe Chakanuka; Respondent: Daniel Mvula; Respondent: Thobekile Ndlovu; Respondent: Mlungisi Khumalo; Respondent: Thokosani Dube; Respondent: Tymon Sibanda; Respondent: Nolwandle Gwendaline Ngcobo; Respondent: Lunga Magopeni; Respondent: Mary Moyo; Respondent: Khomotso Khemetswe; Respondent: Sithembile Ndlovu; Respondent: Maxwell Gones
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 May 2021
Case Number
2021/13962
Procedural Posture
Urgent Application / Application for Leave to Execute Eviction Order Pending Appeal
Outcome
Application granted. The eviction order is declared operative and executable pending finalization of the respondents' application for leave to appeal and any further appeal.
Judges
E F Dippenaar
Legal Topics
Eviction Order, Urgent Interdict, Leave to Execute Pending Appeal, Prevention of Illegal Eviction Act, Exceptional Circumstances, Irreparable Harm
Civil Procedure Land and Property Eviction Order Urgent Interdict Leave to Execute Pending Appeal Prevention of Illegal Eviction Act Exceptional Circumstances Irreparable Harm

Case Brief

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Parties

Lorenza Tomma

Applicant

Brigitte Tomma

Applicant

Lindiwe Ramoshai

Respondent

Asanda Namba

Respondent

Michelle Nanda Snyman

Respondent

Elizabeth Mkethi

Respondent

Nomvuyo Agnes Ndibi

Respondent

Sinikiwe Chakanuka

Respondent

Daniel Mvula

Respondent

Thobekile Ndlovu

Respondent

Mlungisi Khumalo

Respondent

Thokosani Dube

Respondent

Tymon Sibanda

Respondent

Nolwandle Gwendaline Ngcobo

Respondent

Lunga Magopeni

Respondent

Mary Moyo

Respondent

Khomotso Khemetswe

Respondent

Sithembile Ndlovu

Respondent

Maxwell Gones

Respondent

Procedural Posture

Urgent Application / Application for Leave to Execute Eviction Order Pending Appeal

Legal Issues

  1. 1 Whether the applicants have demonstrated exceptional circumstances justifying execution of the eviction order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the eviction order is suspended.
  3. 3 Whether the respondents will suffer irreparable harm if the eviction order is not suspended.

Ratio Decidendi

The court found that the applicants had demonstrated exceptional circumstances due to ongoing intimidation, threats, and financial loss resulting from the respondents' conduct, including a rental boycott and physical attacks. The applicants were forced to vacate their property and live in hiding, suffering irreparable harm both personally and financially. The respondents failed to provide substantive evidence of prejudice or irreparable harm if the eviction order was executed, nor did they assert any legal entitlement to continued occupation or risk of homelessness. The application for leave to appeal was found to be procedurally defective and lacking prospects of success. The cumulative...

Court Disposition

Application granted. The eviction order is declared operative and executable pending finalization of the respondents' application for leave to appeal and any further appeal.

Orders

  • The order granted by Justice Twala under case number 2021/13962 is declared to be operative and executable pending finalization of the respondents’ application for leave to appeal and any further appeal or application for leave to appeal to any other court.
  • The respondents are directed to pay the costs of the application jointly and severally, the one paying, the other to be absolved.