South Africa Case Law

Ukoleko v Sheriff Pretoria South West S Ismail and Others (Reasons) (2024/095168)

Ukoleko v Sheriff Pretoria South West S Ismail and Others (Reasons) (2024/095168) [2024] ZAGPPHC 1044 (17 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/095168

Judge

Khashane La M Manamela

The court found that the applicant was unlawfully deprived of possession of the property, as the eviction was executed despite a pending appeal and without a valid warrant of ejectment. The noting of an appeal in the Magistrates Court automatically suspended execution of the eviction order in terms of section 78 of the Magistrates' Courts Act and the common law. The respondents failed to obtain a complementary order authorising execution pending appeal. The absence of a valid warrant further rendered the eviction unlawful. The court rejected the respondents' arguments that the applicant was r…

Source excerpt

• Mandament Van Spolie
• Eviction
• Urgent Interdict
• Magistrates Court Appeal
• Warrant Of Ejectment

Colour Tech Panel and Paint (Pty) Ltd v Crest Investments CC and Others (2748/17)

Colour Tech Panel and Paint (Pty) Ltd v Crest Investments CC and Others (2748/17) [2017] ZAKZDHC 10 (16 March 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

2748/17

Judge

Henriques

Urgent spoliation-style application dismissed: the court held the eviction was authorised by a valid settlement, court orders, and warrant of ejectment.

• Mandament Van Spolie
• Eviction
• Warrant Of Ejectment
• Right Of Occupation
• Settlement Agreement
• Mandament-van-spolie

Shera Investments CC t/a Pie City and Another v Public Investment Commissioner and Another (89/2002)

Shera Investments CC t/a Pie City and Another v Public Investment Commissioner and Another (89/2002) [2002] ZANWHC 9 (18 April 2002)

Court

North West High Court, Mafikeng

Case number

89/2002

Judge

M.T.R. Mogoeng

The court held that an eviction was complete once the applicants were removed and locked out, even though their movable property remained inside.

• Eviction
• Warrant Of Ejectment
• Attachment Of Movables
• Suspension Of Execution
• Costs Order
• Warrant-of-ejectment