Botha NO and Another v Mouton and Others (25893/2015)
Botha NO and Another v Mouton and Others (25893/2015) [2016] ZAGPPHC 377 (4 March 2016)
The court found that there was no pending application for leave to appeal before the Supreme Court of Appeal, as confirmed by the Registrar's letter, and thus no suspension of legal process. The respondents failed to identify any genuine dispute of fact; their answering affidavit consisted of bare denials without substantive engagement. The purported lease agreement was found to be a contrived document, created to frustrate the sequestration process and prejudicial to creditors, and had been cancelled. The respondents' occupation was therefore unlawful. The court held that the procedural requ…
Source excerpt
- Eviction
- Unlawful Occupation
- Pie Act Compliance
- Dispute Of Fact
- Sequestration
- Trustees Powers