Jacobs and Others v Zinvomax (Pty) Ltd and Others (1160/2021) [2024] ZANCHC 58 (18 June 2024)

Jacobs and Others v Zinvomax (Pty) Ltd and Others (1160/2021) [2024] ZANCHC 58 (18 June 2024)

The court found that the applicants for leave to appeal failed to explicitly challenge the municipal manager's authority in their answering affidavits, resulting in a deemed admission of such authority. The argument that the power of attorney did not authorise the eviction application was raised too late and could not be entertained. The applicants had no reasonable prospects of success on appeal, as their grounds were not properly raised and lacked merit. Regarding immediate execution, Zinvomax established exceptional circumstances, including irreparable harm due to delayed development, increased costs, and loss of rental income. The applicants had no legitimate right to occupy the...

Citation
[2024] ZANCHC 58
Parties
Applicant: Wim Jacobs; Applicant: Gao Xia Qiang; Applicant: Huang Feng; Applicant: Mike Bester; Respondent: Zinvomax (Pty) Ltd; Respondent: Ga-Segonyana Local Municipality; Respondent: Copy Centrum Joint Venture; Respondent: Bily Purushothaman; Respondent: Built-It Green Construction (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
18 June 2024
Case Number
1160/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Application for Execution Pending Appeal
Outcome
Application for leave to appeal dismissed; eviction order declared immediately executable; costs awarded on scale C of Rule 69.
Judges
Lever
Legal Topics
Leave to Appeal, Eviction, Locus Standi, Authority of Agent, Immediate Execution, Irreparable Harm
Civil Procedure Land and Property Leave to Appeal Eviction Locus Standi Authority of Agent Immediate Execution Irreparable Harm

Case Brief

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Parties

Wim Jacobs

Applicant

Gao Xia Qiang

Applicant

Huang Feng

Applicant

Mike Bester

Applicant

Zinvomax (Pty) Ltd

Respondent

Ga-Segonyana Local Municipality

Respondent

Copy Centrum Joint Venture

Respondent

Bily Purushothaman

Respondent

Built-It Green Construction (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Application for Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against the eviction order.
  2. 2 Whether the municipal manager had authority to launch the eviction application on behalf of the municipality.
  3. 3 Whether the power of attorney annexed to the founding affidavit authorised the eviction application.

Ratio Decidendi

The court found that the applicants for leave to appeal failed to explicitly challenge the municipal manager's authority in their answering affidavits, resulting in a deemed admission of such authority. The argument that the power of attorney did not authorise the eviction application was raised too late and could not be entertained. The applicants had no reasonable prospects of success on appeal, as their grounds were not properly raised and lacked merit. Regarding immediate execution, Zinvomax established exceptional circumstances, including irreparable harm due to delayed development, increased costs, and loss of rental income. The applicants had no legitimate right to occupy the...

Court Disposition

Application for leave to appeal dismissed; eviction order declared immediately executable; costs awarded on scale C of Rule 69.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants for leave to appeal are to pay the costs of the respondents on scale C of Rule 69.