Wintertide Trading 89 CC v Thompson and Others (2534/2009) [2010] ZANWHC 14 (20 May 2010)

Wintertide Trading 89 CC v Thompson and Others (2534/2009) [2010] ZANWHC 14 (20 May 2010)

The applicant is the registered owner of the property and has complied with all procedural requirements under the PIE Act. The respondents' occupation is unlawful as all written lease agreements expired and no new leases were entered into. The alleged oral options to purchase are unenforceable under the Alienation of Land Act, which requires such agreements to be in writing. The respondents failed to disclose any personal circumstances that would justify refusal of eviction or warrant mediation. The application for postponement and referral to mediation is an attempt to delay eviction without substantive grounds. The court finds no legal or equitable basis to deny the eviction order.

Citation
[2010] ZANWHC 14
Parties
Applicant: Wintertide Trading 89 CC; Respondent: CH Thompson; Respondent: SS Mulindwa; Respondent: SK Jayalath; Respondent: P Fernandez; Respondent: JL Motshegwe; Respondent: NE Mbedzi; Respondent: K Tshenkeng; Respondent: NN Dibakoane; Respondent: OP Phudukudu; Respondent: MV Mokate; Respondent: MTA Shabele; Respondent: T Mwannaswani; Respondent: W Matlaba; Respondent: MG Tladi; Respondent: NM Mtjali; Respondent: GH Galeng; Respondent: T Sekudu; Respondent: JK Molwana; Respondent: M Morebodi; Respondent: T Mongale; Respondent: S Hancock; Respondent: TP Molele; Respondent: GM Masitenyale; Respondent: EM Kgatshe; Respondent: The Further Unlawful Occupants of Erf 82 Unit 3, Mmabatho
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
20 May 2010
Case Number
2534/2009
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction order granted against the respondents.
Judges
Landman
Legal Topics
Prevention of Illegal Eviction Act, Lease Termination, Unlawful Occupation, Sectional Titles, Oral Option to Purchase
Land and Property Civil Procedure Prevention of Illegal Eviction Act Lease Termination Unlawful Occupation Sectional Titles Oral Option to Purchase

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Parties

Wintertide Trading 89 CC

Applicant

CH Thompson

Respondent

SS Mulindwa

Respondent

SK Jayalath

Respondent

P Fernandez

Respondent

JL Motshegwe

Respondent

NE Mbedzi

Respondent

K Tshenkeng

Respondent

NN Dibakoane

Respondent

OP Phudukudu

Respondent

MV Mokate

Respondent

MTA Shabele

Respondent

T Mwannaswani

Respondent

W Matlaba

Respondent

MG Tladi

Respondent

NM Mtjali

Respondent

GH Galeng

Respondent

T Sekudu

Respondent

JK Molwana

Respondent

M Morebodi

Respondent

T Mongale

Respondent

S Hancock

Respondent

TP Molele

Respondent

GM Masitenyale

Respondent

EM Kgatshe

Respondent

The Further Unlawful Occupants of Erf 82 Unit 3, Mmabatho

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to evict the respondents from the property under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act.
  2. 2 Whether the respondents have any enforceable right to remain in occupation based on alleged oral options to purchase.
  3. 3 Whether the applicant complied with all procedural requirements for eviction.

Ratio Decidendi

The applicant is the registered owner of the property and has complied with all procedural requirements under the PIE Act. The respondents' occupation is unlawful as all written lease agreements expired and no new leases were entered into. The alleged oral options to purchase are unenforceable under the Alienation of Land Act, which requires such agreements to be in writing. The respondents failed to disclose any personal circumstances that would justify refusal of eviction or warrant mediation. The application for postponement and referral to mediation is an attempt to delay eviction without substantive grounds. The court finds no legal or equitable basis to deny the eviction order.

Court Disposition

Eviction order granted against the respondents.

Orders

  • The respondents and all persons occupying the relevant flats are ordered to vacate the premises.
  • The sheriff is authorised to evict the respondents and any other unlawful occupiers if they fail to vacate.