Whelpton and Another v Whelpton and Another (97180/2016) [2018] ZAGPPHC 71 (16 March 2018)

Whelpton and Another v Whelpton and Another (97180/2016) [2018] ZAGPPHC 71 (16 March 2018)

The applicants, as owners, are entitled to an eviction order under the PIE Act as the respondent and those occupying through him have failed to comply with the lease agreement and have not paid rent since September 2016. The respondent's opposition was based on unsubstantiated claims and new information not attested to under oath, which the court accepted for the sake of fairness. The applicants have provided reasonable assistance to the respondent and his family, and the respondent has alternative accommodation options. The court found it just and equitable to grant the eviction order, allowing a longer period for the respondent and those under him to vacate the property, but not as long...

Citation
[2018] ZAGPPHC 71
Parties
Applicant: Christiaan Whelpton; Applicant: Sheneen Whelpton; Respondent: Johan Oswald Whelpton; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 March 2018
Case Number
97180/2016
Procedural Posture
Urgent Application / Eviction Application Under PIE Act
Outcome
Eviction order granted against the first respondent and all occupying under him; costs awarded against the first respondent.
Judges
S C Mia
Legal Topics
Prevention of Illegal Eviction Act, Unlawful Occupation, Just and Equitable Eviction, Lease Agreement Termination, Arrear Rent, Municipal Utilities
Land and Property Civil Procedure Prevention of Illegal Eviction Act Unlawful Occupation Just and Equitable Eviction Lease Agreement Termination Arrear Rent Municipal Utilities

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Parties

Christiaan Whelpton

Applicant

Sheneen Whelpton

Applicant

Johan Oswald Whelpton

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Eviction Application Under PIE Act

Legal Issues

  1. 1 Whether the applicants are entitled to bring the eviction application under the PIE Act.
  2. 2 Whether the respondent and those occupying through him are unlawful occupiers of the premises.
  3. 3 Whether it is just and equitable to grant an eviction order in the circumstances.

Ratio Decidendi

The applicants, as owners, are entitled to an eviction order under the PIE Act as the respondent and those occupying through him have failed to comply with the lease agreement and have not paid rent since September 2016. The respondent's opposition was based on unsubstantiated claims and new information not attested to under oath, which the court accepted for the sake of fairness. The applicants have provided reasonable assistance to the respondent and his family, and the respondent has alternative accommodation options. The court found it just and equitable to grant the eviction order, allowing a longer period for the respondent and those under him to vacate the property, but not as long...

Court Disposition

Eviction order granted against the first respondent and all occupying under him; costs awarded against the first respondent.

Orders

  • The first respondent and all occupying under him are evicted from the property and buildings situated at 704 Panbult Street, Faerie Glen, Pretoria.
  • The first respondent and those holding under him are ordered to vacate the premises on or before 30 June 2018.