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[2021] ZAECPEHC 47
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Super Four Developers CC v Mallick and Others (1570/2020) [2021] ZAECPEHC 47 (24 August 2021)
IN
THE HIGH COURT OF SOUTH AFRICA
(EASTERN
CAPE LOCAL DIVISION, PORT ELIZABETH)
CASE NO.: 1570/2020
In the matter
between:
SUPER
FOUR DEVELOPERS
CC APPLICANT
and
MOEGAMAT
AZMIE MALLICK FIRST
RESPONDENT
ANDRÉ
JAMES LE ROUX SECOND
RESPONDENT
NOLEEN
MEYER THIRD
RESPONDENT
NATASHA
ALARICE AUGUSTUS FOURTH
RESPONDENT
GIFT FIFTH
RESPONDENT
AMANDA SIXTH
RESPONDENT
JOHN SEVENTH
RESPONDENT
ISAAC
(RASTA) EIGHTH
RESPONDENT
OCCUPERS OF
ERF 1588 AND ERF
1620 MOUNT
ROAD (11 FETTES ROAD,
NORTH
END, PORT ELIZABETH) NINTH
RESPONDENT
NELSON
MANDELA BAY MUNICIPALITY TENTH
RESPONDENT
IT
IS ORDERED THAT:
1.
An eviction order is
granted against the First to Ninth Respondents (‘the
Respondents’), being unlawful occupiers of
Tulbagh Flats, 11
Fettes Road, North End, Gqeberha (‘the property’).
2.
The eviction order
may be enforced if the Respondents do not vacate the property within
60 (sixty) days from the date of service
of this order at the
property.
3.
The Sheriff of this
Honourable Court is authorised to enlist the assistance of any
person, including the members of the South African
Police Services,
to assist him / her in the eviction of the Respondents in the event
that the Respondents fail to vacate the property
within 60 (sixty)
days from the date of service of this order at the property.
4.
The Respondents are
directed to pay the costs of the application jointly and severally,
the one paying the others to be absolved.
5.
Adv D Skoti and Mr Z
Madikane are directed to file affidavits within 14 (fourteen) days to
explain their non-compliance with the
orders of Revelas J (22 April
2021) and Gqamana J (17 June 2021), and why the wasted costs
occasioned by the postponement of the
matter on 22 April 2021 should
not be paid by them, jointly and severally,
de
bonis propriis
.
6.
Mr Z Madikane is to
ensure that this Order is brought to the attention of Adv D Skoti,
and to confirm this by way of affidavit.
7.
The wasted costs
occasioned by the postponement of the matter on 22 April 2021 remain
reserved.
____________________
A
GOVINDJEE
ACTING
JUDGE OF THE HIGH COURT
APPEARANCES
For
Applicant
:
Adv K D Williams
Instructed
by
:
Joubert Galpin & Searle
For
Respondents
:
Mr Z. Madikane
Instructed
by
:
Lawyers for Black People (NCP) SA
Heard
on:
29 July 2021
Delivered
on:
24 August 2021