Tshabalala v Molapo and Others (Ex Tempore) (075503/2025) [2026] ZAGPJHC 977 (27 August 2026)

30 Reportability
Land and Property Law

Brief Summary

Eviction — Just and equitable — Applicant seeking eviction of occupiers from property — Court finding no case made for eviction being just and equitable — Application dismissed due to non-attendance of applicant and legal representatives — Costs awarded to respondents.

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Tshabalala v Molapo and Others (Ex Tempore) (075503/2025) [2026] ZAGPJHC 977 (27 August 2026)
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IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO
:  075503/2025
DATE
: 
2026-08-27
(1)  REPORTABLE:     
NO
(2)  OF INTEREST TO OTHER JUDGES
:    NO
(3)  REVISED
SIGNATURE
Date: 27 August 2026
In the matter between
JERRY
TSHABALALA                                        

Applicant
and
LESEDI DAISY MOLAPO AND
OTHERS               
Respondents
JUDGMENT
EX TEMPORE
WILSON,
J
:     The
applicant seeks the eviction of various occupiers of a property in
Thembisa, Extension 11.  On
reading the papers I was not
satisfied that a case had been made out that the eviction would be
just and equitable.  But an
analysis of the facts is not
necessary, since neither the applicant in person nor his legal
representative
s
have attended court to pursue the relief they seek on the papers.
Counsel
for the
1
st
and
2
nd
respondents asked me in those circumstances simply
to dismiss the application, with costs. I am inclined to accede to
that request.
For
those reasons I will make an order in terms of the draft handed up by
counsel which I have signed, amended, dated and marked
X.
WILSON, J
JUDGE OF THE HIGH COURT
27
August 2026