Van Staden N.O. v Opperman and Others (478/2014) [2015] ZANCHC 23 (24 July 2015)

Van Staden N.O. v Opperman and Others (478/2014) [2015] ZANCHC 23 (24 July 2015)

The court found that the first respondent had instituted legal proceedings under case number 2033/2014 to reclaim the property, as envisaged in the previous order of Lacock J. The applicant had already filed a plea in that action. Since the outcome of the related action could affect the present eviction application, it would be premature and contrary to the interests of justice to proceed with the eviction application before the finalisation of the related action. Accordingly, the application was struck from the roll, and the costs in respect of the proceedings of 5 June 2015 were reserved.

Citation
[2015] ZANCHC 23
Parties
Applicant: Petrus Jacobus Corné van Staden N.O.; Respondent: Petrus Jordaan Opperman; Respondent: Sylvia Opperman; Respondent: Sol Plaatje Municipality
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
24 July 2015
Case Number
478/2014
Procedural Posture
Civil Application / Application Struck From the Roll Pending Finalisation of Related Action
Outcome
Application struck from the roll pending finalisation of related action; costs reserved.
Judges
S L Erasmus
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Eviction Procedure, Postponement of Application
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Eviction Procedure Postponement of Application

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Parties

Petrus Jacobus Corné van Staden N.O.

Applicant

Petrus Jordaan Opperman

Respondent

Sylvia Opperman

Respondent

Sol Plaatje Municipality

Respondent

Procedural Posture

Civil Application / Application Struck From the Roll Pending Finalisation of Related Action

Legal Issues

  1. 1 Whether the eviction application can proceed before the finalisation of related action under case number 2033/2014.
  2. 2 Whether the applicant is entitled to the relief sought in Part B of the notice of motion at this stage.
  3. 3 Whether costs should be determined or reserved.

Ratio Decidendi

The court found that the first respondent had instituted legal proceedings under case number 2033/2014 to reclaim the property, as envisaged in the previous order of Lacock J. The applicant had already filed a plea in that action. Since the outcome of the related action could affect the present eviction application, it would be premature and contrary to the interests of justice to proceed with the eviction application before the finalisation of the related action. Accordingly, the application was struck from the roll, and the costs in respect of the proceedings of 5 June 2015 were reserved.

Court Disposition

Application struck from the roll pending finalisation of related action; costs reserved.

Orders

  • The application is struck from the roll.
  • The costs in respect of the proceedings of 5 June 2015 are reserved.