Trustees van die Molteno Trust v Arendorf and Others (LCC 36R/03) [2003] ZALCC 31 (23 May 2003)

Trustees van die Molteno Trust v Arendorf and Others (LCC 36R/03) [2003] ZALCC 31 (23 May 2003)

The court found that the magistrate's eviction order was correct and fair in terms of the Extension of Security of Tenure Act. However, due to the respondents' particular circumstances and the fact that the original date for vacating the property had already passed, the court exercised its discretion to extend the period for vacating the property. The court confirmed the eviction order with amendments to the dates, granting the respondents additional time to vacate and specifying the new dates for eviction and enforcement.

Citation
[2003] ZALCC 31
Parties
Applicant: Trustees van die Molteno Trust; Respondent: Arendorf, H; Respondent: Arendorf, G; Respondent: Arendorf, J
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
23 May 2003
Case Number
LCC 36R/03
Procedural Posture
Review Application / Automatic Review of Magistrate's Eviction Order
Outcome
Eviction order confirmed with amendments to the dates for vacating and enforcement.
Judges
A Gildenhuys
Legal Topics
Extension of Security of Tenure Act, Eviction Procedure, Automatic Review, Magistrates Court Orders
Land and Property Civil Procedure Extension of Security of Tenure Act Eviction Procedure Automatic Review Magistrates Court Orders

Case Brief

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Parties

Trustees van die Molteno Trust

Applicant

Arendorf, H

Respondent

Arendorf, G

Respondent

Arendorf, J

Respondent

Procedural Posture

Review Application / Automatic Review of Magistrate's Eviction Order

Legal Issues

  1. 1 Whether the eviction order granted by the magistrate was correct and fair under the Extension of Security of Tenure Act.
  2. 2 Whether the respondents should be granted additional time to vacate the property given their circumstances.

Ratio Decidendi

The court found that the magistrate's eviction order was correct and fair in terms of the Extension of Security of Tenure Act. However, due to the respondents' particular circumstances and the fact that the original date for vacating the property had already passed, the court exercised its discretion to extend the period for vacating the property. The court confirmed the eviction order with amendments to the dates, granting the respondents additional time to vacate and specifying the new dates for eviction and enforcement.

Court Disposition

Eviction order confirmed with amendments to the dates for vacating and enforcement.

Orders

  • The date by which the respondents must vacate the house is changed from 30 April 2003 to 30 June 2003.
  • The date from which eviction may occur if the respondents fail to vacate is changed from 5 May 2003 to 2 July 2003.