Madullammoho Housing Association (Pty) Ltd v Mbambo and Others (2016.16069) [2016] ZAGPJHC 276 (28 June 2016)

Madullammoho Housing Association (Pty) Ltd v Mbambo and Others (2016.16069) [2016] ZAGPJHC 276 (28 June 2016)

The court found that the respondents' conduct in forcibly reoccupying the property, obstructing the Sheriff, and refusing to pay rentals constituted exceptional circumstances under section 18 of the Superior Courts Act. The applicant, a non-profit social housing provider, faces irreparable harm due to substantial financial losses, inability to maintain its housing portfolio, and risk of collapse of its projects. The respondents, having withheld rental and failed to demonstrate inability to secure alternative accommodation, are the authors of their own predicament. The court concluded that the applicant proved exceptional circumstances and irreparable harm, while the respondents failed to...

Citation
[2016] ZAGPJHC 276
Parties
Applicant: Madullammoho Housing Association (Pty) Ltd; Respondent: Mbambo, Ayanda and 56 Others as reflected 1st to 57th Respondents on Annexure “A” to the Notice of Motion
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 June 2016
Case Number
2016/16069
Procedural Posture
Urgent Application / Application for Interlocutory Order Under S 18(1) and 18(3) of the Superior Courts Act Pending Leave to Appeal
Outcome
Application granted. The spoliation order is declared effective and enforceable pending finalisation of the application for leave to appeal and any subsequent appeal.
Judges
F Kathree-Setiloane
Legal Topics
Superior Courts Act Section 18, Spoliation, Urgent Interdict, Prevention of Illegal Eviction Act, Rental Boycott
Civil Procedure Land and Property Superior Courts Act Section 18 Spoliation Urgent Interdict Prevention of Illegal Eviction Act Rental Boycott

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Parties

Madullammoho Housing Association (Pty) Ltd

Applicant

Mbambo, Ayanda and 56 Others as reflected 1st to 57th Respondents on Annexure “A” to the Notice of Motion

Respondent

Procedural Posture

Urgent Application / Application for Interlocutory Order Under S 18(1) and 18(3) of the Superior Courts Act Pending Leave to Appeal

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify enforcement of the spoliation order pending appeal.
  2. 2 Whether the applicant will suffer irreparable harm if the order is not enforced.
  3. 3 Whether the respondents will suffer irreparable harm if the order is enforced.

Ratio Decidendi

The court found that the respondents' conduct in forcibly reoccupying the property, obstructing the Sheriff, and refusing to pay rentals constituted exceptional circumstances under section 18 of the Superior Courts Act. The applicant, a non-profit social housing provider, faces irreparable harm due to substantial financial losses, inability to maintain its housing portfolio, and risk of collapse of its projects. The respondents, having withheld rental and failed to demonstrate inability to secure alternative accommodation, are the authors of their own predicament. The court concluded that the applicant proved exceptional circumstances and irreparable harm, while the respondents failed to...

Court Disposition

Application granted. The spoliation order is declared effective and enforceable pending finalisation of the application for leave to appeal and any subsequent appeal.

Orders

  • The order of Fisher AJ under case number 2016/16069 is declared to be effective and enforceable pending finalisation of the application for leave to appeal to the Supreme Court of Appeal, and if leave is granted by the Supreme Court of Appeal, pending the finalisation of that appeal or any subsequent appeal.
  • The Respondents are ordered to pay the costs of this application jointly and severally, the one paying the other to be absolved.