Venter NO and Another v Murimuthu and Others (D10106/22) [2025] ZAKZDHC 20 (7 May 2025)

Venter NO and Another v Murimuthu and Others (D10106/22) [2025] ZAKZDHC 20 (7 May 2025)

The respondents failed to establish any lawful right to occupy the apartment owned by Jubilee Plant Hire SA CC (in liquidation). The applicants, as joint liquidators, are entitled to vacant possession to realise the asset for the benefit of creditors. The procedural requirements of the Prevention of Eviction from and Unlawful Occupation of Land Act were satisfied, including service of the s 4(2) notice, and the respondents suffered no prejudice. No factual or legal defence was raised by the respondents. It is just and equitable to order their eviction, given their means and the extended period of unlawful occupation. Costs are awarded on an attorney and client scale due to the...

Citation
[2025] ZAKZDHC 20
Parties
Applicant: Jacobus Willem Venter N.O.; Applicant: Justi Stroh N.O.; Respondent: Lovendran Marimuthu; Respondent: Ramona Budden; Respondent: eThekwini Metropolitan Municipality; Respondent: The Master of the High Court, Kwazulu-Natal
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
7 May 2025
Case Number
D10106/22
Procedural Posture
Urgent Application / Final Order on Eviction Application
Outcome
Application granted; respondents ordered to vacate the apartment by 30 June 2025, failing which the sheriff is authorised to evict them. Costs awarded against first and second respondents on an attorney and client scale, including previously reserved costs.
Judges
Mossop
Legal Topics
Unlawful Occupation, Eviction, Prevention of Eviction From and Unlawful Occupation of Land Act, Liquidation Asset Realisation
Land and Property Civil Procedure Unlawful Occupation Eviction Prevention of Eviction From and Unlawful Occupation of Land Act Liquidation Asset Realisation

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

Jacobus Willem Venter N.O.

Applicant

Justi Stroh N.O.

Applicant

Lovendran Marimuthu

Respondent

Ramona Budden

Respondent

eThekwini Metropolitan Municipality

Respondent

The Master of the High Court, Kwazulu-Natal

Respondent

Procedural Posture

Urgent Application / Final Order on Eviction Application

Legal Issues

  1. 1 Whether the respondents are in unlawful occupation of the apartment owned by Jubilee Plant Hire SA CC (in liquidation).
  2. 2 Whether the procedural requirements of the Prevention of Eviction from and Unlawful Occupation of Land Act 19 of 1998 were complied with.
  3. 3 Whether the respondents have any lawful right to remain in occupation of the apartment.

Ratio Decidendi

The respondents failed to establish any lawful right to occupy the apartment owned by Jubilee Plant Hire SA CC (in liquidation). The applicants, as joint liquidators, are entitled to vacant possession to realise the asset for the benefit of creditors. The procedural requirements of the Prevention of Eviction from and Unlawful Occupation of Land Act were satisfied, including service of the s 4(2) notice, and the respondents suffered no prejudice. No factual or legal defence was raised by the respondents. It is just and equitable to order their eviction, given their means and the extended period of unlawful occupation. Costs are awarded on an attorney and client scale due to the...

Court Disposition

Application granted; respondents ordered to vacate the apartment by 30 June 2025, failing which the sheriff is authorised to evict them. Costs awarded against first and second respondents on an attorney and client scale, including previously reserved costs.

Orders

  • The first and second respondents, and any person occupying through them, are ordered to vacate the apartment by 30 June 2025.
  • If the first and second respondents fail to vacate, the sheriff is directed to eject and evict them and any person claiming occupation through them.