1
REPUBLI C OF SOUTH AFRI C A
IN THE HIGH COURT OF SOUTH AFRICA
MPUMALANGA DIVISION, MBOMBELA
(1)
(2)
(3)
REP O RT A BLE : NO
O F IN TERE ST TO TH E JU DGE S : NO
RE V ISED .
CASE NUMBER: 2470/2024
DA TE : 21 November 2025 SIGNATU R -
In the matter between:-
TIMBALI FLOWER GROWER NPC
REG.NO: 2002/006905/08
AND
DELIPMODE PT Y LTD
REG.NO: 2017/358489/07
MANGENAAJ
JUDGMENT
Plaintiff/ Applicant
D efendant I R espond ent
[1] On 02 October 2025 I granted summary judgment in favour of the Plaintiff and ordered
the Defendant to pay an amoun t of R130 000.00 together w ith interest to Plaintiff. I
further ordered the Defendant to vacate the property w ithin 90 day s from the date of
the service of the court order or at any time agreed w ith the Plaintiff.
2
[2] The De fendant brought an application for leave to appeal against the judgment and
the order.
[3] It w as submitted on behalf of the Defendant that I decided the matter on the basis of
a sale agreement w hen the Plaintiffs case w as based on a lease agreemen t. In
support of this contention, Mr Makamu argued that the Plaintiff has failed to verify the
cause of action, and the court should have found that there w as a dispute of fact.
[4] The contentions by the Defendant w ere considered in preparation of the judgment and
w ere rejected on the basis that they did not disclose a bona fide defence to the claim .
[5] The De fendant cannot claim to remain in occupation in an instance w here the
agreemen t for the sale of property w as cancelled.
[6] The cancellation of the sale agreement led to the termination of the Defendant's right
to lawfully occupy the property.
[7] The denial of the existence of the lease agreement is not a defence against eviction.
See Nordien and Another v Kidrogen RF (Pty) Ltd and Another [2025] ZASCA
159 (23 October 2025).
[8] In the premises I am not persuaded that the Defendant has met the requisite threshold
for the granting of leave to appeal.
[9] Consequently, the application is dismissed w ith costs.
M.I. MANGENA AJ
A C TING JUDGE OF THE HIGH C OURT
FOR PLAINTIFF
FOR DEFENDANT
HEARD ON
DELIVERED ON
3
MPUMALANGA DIVISION, MBOMBELA
APPEARANCES
TIMBALI FLOWER GROWER NPC
ADV JJ VENTER FOR HvH ATTORNEYS
doug@hvhatt.co.za ; robynne@hvhatt.co.za
DELIPMODE (PTY) LTD
ADV MAKAMU FOR ANDREW DU PLESSIS ATTORNEYS
aduplessis959@gmail.com
: 20 NOVEMBER 2025
: 21 NOVEMBER 2025