Vajeth and Another v Jongwana and Others (19616/2022) [2023] ZAGPJHC 393 (28 April 2023)

Vajeth and Another v Jongwana and Others (19616/2022) [2023] ZAGPJHC 393 (28 April 2023)

The applicants proved ownership of the property and compliance with the lease cancellation procedure, including giving the required notice to the respondent to remedy arrears. The respondent failed to pay rent and raised unsubstantiated and contradictory defences, including allegations of illegality and improper notice, which were not supported by evidence. The respondent's reliance on section 5(5) of the Rental Housing Act was misplaced, as there was no express or tacit consent from the applicants for continued occupation. The respondent, a practicing advocate, is not vulnerable and has the means to secure alternative accommodation. The court found it just and equitable to grant the...

Citation
[2023] ZAGPJHC 393
Parties
Applicant: Riaz Amod Vajeth; Applicant: Sibusisiwe Joy Vajeth; Respondent: Ndyebo Treasure Jongwana; Respondent: All Unlawful Occupiers; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 April 2023
Case Number
19616/2022
Procedural Posture
Urgent Application / Eviction Application Following Lease Cancellation; Main Application Heard After Interlocutory Disputes.
Outcome
Eviction order granted against the first respondent and all persons claiming occupation through him; costs awarded on attorney-client scale.
Judges
M A Makume
Legal Topics
Eviction Proceedings, Lease Cancellation, Rental Housing Act, Just and Equitable Eviction
Land and Property Civil Procedure Eviction Proceedings Lease Cancellation Rental Housing Act Just and Equitable Eviction

Case Brief

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Parties

Riaz Amod Vajeth

Applicant

Sibusisiwe Joy Vajeth

Applicant

Ndyebo Treasure Jongwana

Respondent

All Unlawful Occupiers

Respondent

City of Johannesburg

Respondent

Procedural Posture

Urgent Application / Eviction Application Following Lease Cancellation; Main Application Heard After Interlocutory Disputes.

Legal Issues

  1. 1 Whether the lease agreement was validly cancelled in accordance with its terms and the Rental Housing Act.
  2. 2 Whether the respondent and those claiming through him are unlawfully occupying the property.
  3. 3 Whether it is just and equitable to grant an eviction order under the circumstances.

Ratio Decidendi

The applicants proved ownership of the property and compliance with the lease cancellation procedure, including giving the required notice to the respondent to remedy arrears. The respondent failed to pay rent and raised unsubstantiated and contradictory defences, including allegations of illegality and improper notice, which were not supported by evidence. The respondent's reliance on section 5(5) of the Rental Housing Act was misplaced, as there was no express or tacit consent from the applicants for continued occupation. The respondent, a practicing advocate, is not vulnerable and has the means to secure alternative accommodation. The court found it just and equitable to grant the...

Court Disposition

Eviction order granted against the first respondent and all persons claiming occupation through him; costs awarded on attorney-client scale.

Orders

  • The applicants' Notice of Motion is amended by removing the words 'Unit 2' from prayer 1.
  • The first respondent and any person claiming occupation through him is evicted from 34B Rietfontein Road, Edenburg, Rivonia, Sandton.