Kometsi N.O and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd and Others (223/2023)
Kometsi N.O and Others v Kopano Uitkyk Farming Enterprise (Pty) Ltd and Others (223/2023) [2023] ZAFSHC 290 (20 July 2023)
The court found that the application for eviction was not suitable for determination on motion due to the existence of multiple pending related cases (lis pendens) and material disputes of fact regarding the rights of occupation, the existence and terms of a stipulatio alteri, and the authority of certain parties. The Applicants were aware of these challenges and the attendant risks of proceeding by way of motion. The court held that it would be fair, just, and equitable to postpone the application pending the final determination of the related actions, as the rights and interests of the part…
Source excerpt
- Eviction Proceedings
- Lis Pendens
- Joint Venture Disputes
- Locus Standi
- Misjoinder
- Factual Disputes In Motion Proceedings