Zulu v Mali Mik Properties (Pty) Ltd and Another (2025-066654) [2025] ZAKZPHC 53 (20 May 2025)

Zulu v Mali Mik Properties (Pty) Ltd and Another (2025-066654) [2025] ZAKZPHC 53 (20 May 2025)

The court found that the applicant had established a prima facie right to interim relief, given his continued occupation and the pending eviction proceedings. The removal of doors and gates constituted interference with his possession, and the respondents failed to provide credible evidence to refute the applicant's...

Source-derived case information.

Citation
[2025] ZAKZPHC 53
Parties
Applicant: Madlenkosi Jeffrey Zulu; Respondent: Mali Mik Properties (Pty) Ltd; Respondent: Vuthela Sebenza Trading CC
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
20 May 2025
Case Number
2025-066654
Procedural Posture
Urgent Application / Interim Relief Prior to Eviction Hearing
Outcome
Interim relief granted; rule nisi issued; respondents interdicted from interfering with applicant's possession pending eviction proceedings.
Judges
P C Bezuidenhout
Legal Topics
Interim Interdict, Eviction Proceedings, Spoliation, Urgent Application, Restoration of Possession
Land and Property Civil Procedure Interim Interdict Eviction Proceedings Spoliation Urgent Application Restoration of Possession

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Summary, issues, holding and outcome

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Parties

Madlenkosi Jeffrey Zulu

Applicant

Mali Mik Properties (Pty) Ltd

Respondent

Vuthela Sebenza Trading CC

Respondent

Procedural Posture

Urgent Application / Interim Relief Prior to Eviction Hearing

Legal Issues

  1. 1 Whether the applicant is entitled to interim relief restraining respondents from interfering with his occupation of the property pending eviction proceedings.
  2. 2 Whether the respondents unlawfully removed doors and gates from the applicant's property.
  3. 3 Whether the matter is sufficiently urgent to warrant immediate relief.

Ratio Decidendi

The court found that the applicant had established a prima facie right to interim relief, given his continued occupation and the pending eviction proceedings. The removal of doors and gates constituted interference with his possession, and the respondents failed to provide credible evidence to refute the applicant's claims. The urgency was justified by ongoing threats of further interference and lack of response from the respondents. The court held that the respondents must follow due process and cannot unilaterally alter the property or disturb the applicant's possession until the eviction application is determined. Accordingly, interim orders were granted to protect the applicant's...

Court Disposition

Interim relief granted; rule nisi issued; respondents interdicted from interfering with applicant's possession pending eviction proceedings.

Orders

  • A rule nisi is issued calling upon respondents and any interested party to show cause on 28 July 2025 why the interim relief should not be made final.
  • Respondents and any person acting at their behest are interdicted from entering the property without giving applicant 24 hours notice.