Moodley and Another v Dira and Others (9780/2022) [2023] ZAGPJHC 721 (22 June 2023)
Court
South Gauteng High Court, Johannesburg
Case number
9780/2022
Judge
S D J Wilson
The High Court granted an eviction order. The occupiers failed to show a valid enrichment lien or sufficient grounds to delay eviction on equitable or homelessness grounds.
Moodley v Moodley and Others (45879/2016) [2018] ZAGPJHC 713 (28 November 2018)
Court
South Gauteng High Court, Johannesburg
Case number
45879/2016
Judge
N.E. Ramapuputla
The court found that the respondents have proven the existence of an oral lease agreement and have consistently paid rent, which demonstrates their intention to be bound by its terms. The applicant failed to provide evidence of breach or repudiation of the lease agreement, and the alleged conduct was not shown to be a term of the agreement. The respondents' continued occupation is therefore lawful, and they cannot be regarded as unlawful occupiers. The applicant also failed to substantiate her claim of homelessness or her need for possession, and was found to have lied under oath regarding he…