Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021)

Wilrus Trading CC and Another v Dey Street Properties (Pty) Ltd and Others (1750/2021) [2021] ZAGPPHC 42 (9 February 2021)

The court found that the applicants were in lawful possession of the premises and that the supply of electricity was essential for the operation of their businesses. The respondents' act of loading arrears onto the pre-paid meters, thereby restricting access to electricity, materially interfered with the applicants' possession of the property. The court distinguished between purely personal rights and incidents of possession, holding that in this case, the right to electricity was an adjunct to the right of occupation and formed part of the cluster of rights inherent in possession. The respondents' conduct was aimed at forcing the applicants to vacate without due process, amounting to...

Citation
[2021] ZAGPPHC 42
Parties
Applicant: Wilrus Trading CC; Applicant: Salentias Travel and Hospitality CC; Respondent: Dey Street Properties (Pty) Ltd; Respondent: Nonya Properties CC; Respondent: Ideal Pre-Paid (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 February 2021
Case Number
1750/2021
Procedural Posture
Urgent Application / Reasons for Order Following Urgent Spoliation Application
Outcome
Application granted. The respondents are ordered to restore electricity supply and cancel negative balances on the applicants' pre-paid meters. Costs awarded to the applicants.
Judges
AC Basson
Legal Topics
Spoliation, Mandament Van Spolie, Electricity Supply Interruption, Landlord Tenant Dispute, Urgent Interdict
Civil Procedure Land and Property Spoliation Mandament Van Spolie Electricity Supply Interruption Landlord Tenant Dispute Urgent Interdict

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Parties

Wilrus Trading CC

Applicant

Salentias Travel and Hospitality CC

Applicant

Dey Street Properties (Pty) Ltd

Respondent

Nonya Properties CC

Respondent

Ideal Pre-Paid (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Reasons for Order Following Urgent Spoliation Application

Legal Issues

  1. 1 Whether the applicants are entitled to spoliatory relief for restoration of electricity supply to their business premises.
  2. 2 Whether the right to electricity supply is an incident of possession or a purely personal right not protected by the mandament van spolie.
  3. 3 Whether the respondents' conduct in loading arrears onto the pre-paid meters constituted unlawful dispossession.

Ratio Decidendi

The court found that the applicants were in lawful possession of the premises and that the supply of electricity was essential for the operation of their businesses. The respondents' act of loading arrears onto the pre-paid meters, thereby restricting access to electricity, materially interfered with the applicants' possession of the property. The court distinguished between purely personal rights and incidents of possession, holding that in this case, the right to electricity was an adjunct to the right of occupation and formed part of the cluster of rights inherent in possession. The respondents' conduct was aimed at forcing the applicants to vacate without due process, amounting to...

Court Disposition

Application granted. The respondents are ordered to restore electricity supply and cancel negative balances on the applicants' pre-paid meters. Costs awarded to the applicants.

Orders

  • The first respondent must immediately restore the applicants' access to electricity supply at Shop 4, 256 Dey Street, Nieuw Muckleneuk, Pretoria, Gauteng and the Shell filling station, Middel Street Motors, 256 Dey Street, Nieuw Muckleneuk, Pretoria, Gauteng.
  • The first respondent must instruct the third respondent to cancel the negative and arrear balances loaded on the pre-paid electricity meters for the above premises, with immediate effect.