T.R.T V C.N.N and Another (903/2022) [2023] ZALMPTHC 12 (28 November 2023)

T.R.T V C.N.N and Another (903/2022) [2023] ZALMPTHC 12 (28 November 2023)

The Applicant is the registered owner of the property, and the First Respondent occupies it without consent or any extant legal right. The First Respondent's claim to ownership is unsupported by her pleadings and does not constitute a material dispute of fact. The Applicant has complied with all procedural requirements under the PIE Act. The First Respondent has alternative accommodation and has occupied the property for over a decade. The deterioration of the parties' relationship and the existence of protection orders further support the Applicant's claim. It is just and equitable to order the eviction of the First Respondent, granting her 30 days to vacate. Costs are awarded to the...

Citation
[2023] ZALMPTHC 12
Parties
Applicant: T.R.T; Respondent: C.N.N; Respondent: Thulamela Local Municipality
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
28 November 2023
Case Number
903/2022
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction application granted; First Respondent ordered to vacate property within 30 days.
Judges
IM Khosa
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Just and Equitable Test
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Just and Equitable Test

Case Brief

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Parties

T.R.T

Applicant

C.N.N

Respondent

Thulamela Local Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the First Respondent is an unlawful occupier of the property.
  2. 2 Whether it is just and equitable to order the eviction of the First Respondent.
  3. 3 Whether the Applicant has complied with the procedural requirements of the PIE Act.

Ratio Decidendi

The Applicant is the registered owner of the property, and the First Respondent occupies it without consent or any extant legal right. The First Respondent's claim to ownership is unsupported by her pleadings and does not constitute a material dispute of fact. The Applicant has complied with all procedural requirements under the PIE Act. The First Respondent has alternative accommodation and has occupied the property for over a decade. The deterioration of the parties' relationship and the existence of protection orders further support the Applicant's claim. It is just and equitable to order the eviction of the First Respondent, granting her 30 days to vacate. Costs are awarded to the...

Court Disposition

Eviction application granted; First Respondent ordered to vacate property within 30 days.

Orders

  • The First Respondent is ordered to vacate the property within 30 days of this order.
  • If the First Respondent fails to vacate, the Sheriff or Deputy Sheriff is authorised to evict her from the property.