Super Four Developers CC v Mallick and Others (1570/2020) [2021] ZAECPEHC 47 (24 August 2021)

Super Four Developers CC v Mallick and Others (1570/2020) [2021] ZAECPEHC 47 (24 August 2021)

The court found that the respondents are unlawful occupiers of the property and that the applicant complied with the procedural requirements for eviction under PIE. The respondents failed to vacate the property despite notice, and no valid defence was presented. The court granted an eviction order, authorised the Sheriff to enforce it with police assistance if necessary, and ordered the respondents to pay costs jointly and severally. The legal representatives were directed to explain their non-compliance with previous orders and why wasted costs should not be paid by them personally.

Citation
[2021] ZAECPEHC 47
Parties
Applicant: Super Four Developers CC; Respondent: Moegamat Azmie Mallick; Respondent: André James Le Roux; Respondent: Noleen Meyer; Respondent: Natasha Alarice Augustus; Respondent: Gift; Respondent: Amanda; Respondent: John; Respondent: Isaac (Rasta); Respondent: Occupiers of Erf 1588 and Erf 1620 Mount Road (11 Fettes Road, North End, Port Elizabeth); Respondent: Nelson Mandela Bay Municipality
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 August 2021
Case Number
1570/2020
Procedural Posture
Eviction Application / Final Order
Outcome
Eviction order granted against the first to ninth respondents; costs awarded jointly and severally; legal representatives directed to file affidavits regarding non-compliance and wasted costs.
Judges
A Govindjee
Legal Topics
Unlawful Occupation, Eviction Order, Costs Award, Joinder of Parties
Land and Property Civil Procedure Unlawful Occupation Eviction Order Costs Award Joinder of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Super Four Developers CC

Applicant

Moegamat Azmie Mallick

Respondent

André James Le Roux

Respondent

Noleen Meyer

Respondent

Natasha Alarice Augustus

Respondent

Gift

Respondent

Amanda

Respondent

John

Respondent

Isaac (Rasta)

Respondent

Occupiers of Erf 1588 and Erf 1620 Mount Road (11 Fettes Road, North End, Port Elizabeth)

Respondent

Nelson Mandela Bay Municipality

Respondent

Procedural Posture

Eviction Application / Final Order

Legal Issues

  1. 1 Whether the respondents are unlawful occupiers of the property.
  2. 2 Whether the applicant is entitled to an eviction order under the relevant legislation.
  3. 3 Whether costs should be awarded against the respondents jointly and severally.

Ratio Decidendi

The court found that the respondents are unlawful occupiers of the property and that the applicant complied with the procedural requirements for eviction under PIE. The respondents failed to vacate the property despite notice, and no valid defence was presented. The court granted an eviction order, authorised the Sheriff to enforce it with police assistance if necessary, and ordered the respondents to pay costs jointly and severally. The legal representatives were directed to explain their non-compliance with previous orders and why wasted costs should not be paid by them personally.

Court Disposition

Eviction order granted against the first to ninth respondents; costs awarded jointly and severally; legal representatives directed to file affidavits regarding non-compliance and wasted costs.

Orders

  • Eviction order granted against the first to ninth respondents as unlawful occupiers of Tulbagh Flats, 11 Fettes Road, North End, Gqeberha.
  • Respondents must vacate the property within 60 days from service of this order.