Zitumane v Mtshayeni and Another (285/2018) [2020] ZAECBHC 7 (17 March 2020)

Zitumane v Mtshayeni and Another (285/2018) [2020] ZAECBHC 7 (17 March 2020)

The court found that the first respondent is an unlawful occupier of the property, as the verbal agreement for sale does not comply with the Alienation of Land Act and is therefore unenforceable. The applicant, as executrix, has locus standi to seek eviction. All procedural requirements under the PIE Act were met, and the first respondent failed to raise any valid defence or place her personal circumstances before the court. The court determined that it is just and equitable to grant the eviction order, as continued occupation by the first respondent prejudices the winding up of the deceased estate and no compelling reason exists for her to remain.

Citation
[2020] ZAECBHC 7
Parties
Applicant: Zandisiwe Zitumane; Respondent: Nombuyiselo Agnes Mtshayeni; Respondent: Buffalo City Metropolitan Municipality
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
17 March 2020
Case Number
285/2018
Procedural Posture
Eviction Application / Judgment
Outcome
Eviction order granted against the first respondent; costs awarded to the applicant.
Judges
Mfenyana
Legal Topics
Prevention of Illegal Eviction Act, Alienation of Land Act, Unlawful Occupation, Eviction Procedure, Sale of Immovable Property
Land and Property Civil Procedure Prevention of Illegal Eviction Act Alienation of Land Act Unlawful Occupation Eviction Procedure Sale of Immovable Property

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Parties

Zandisiwe Zitumane

Applicant

Nombuyiselo Agnes Mtshayeni

Respondent

Buffalo City Metropolitan Municipality

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the first respondent is in unlawful occupation of the property situated at 1012 NU5A, Mdantsane.
  2. 2 Whether the verbal agreement for the sale of the property is enforceable under the Alienation of Land Act.
  3. 3 Whether the requirements of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act have been met.

Ratio Decidendi

The court found that the first respondent is an unlawful occupier of the property, as the verbal agreement for sale does not comply with the Alienation of Land Act and is therefore unenforceable. The applicant, as executrix, has locus standi to seek eviction. All procedural requirements under the PIE Act were met, and the first respondent failed to raise any valid defence or place her personal circumstances before the court. The court determined that it is just and equitable to grant the eviction order, as continued occupation by the first respondent prejudices the winding up of the deceased estate and no compelling reason exists for her to remain.

Court Disposition

Eviction order granted against the first respondent; costs awarded to the applicant.

Orders

  • The first respondent and those in occupation of the property situated at 1012 NU5A, Mdantsane are ordered to vacate the property within 14 days of this order.
  • If the first respondent fails to vacate, the Sheriff or his deputy is authorised to evict the first respondent from the property.