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Mthimkulu and Another v Mahomed and Others (A5042/2010) [2010] ZAGPJHC 125

8th December 2010

By: Creamer Media Reporter

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[1] This is an appeal against the judgment handed down by Maluleke J on 26 August 2010. The court a quo dismissed the application brought by the first and second applicants. No order in regard to costs was issued.


[2] In the court a quo the first and second applicants sought an urgent order against the respondents in the following terms:

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"2. Declaring the eviction of the Applicants unlawful;

3. Ordering the Respondents, ante omnia, to immediately restore to the applicants undisturbed possession of their home at the premises situated at 191 Jeppe Street, ERF 1298, Johannesburg ('the property');

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4. That failing the Respondents complying with paragraph-3 hereof within two hours of this order being served on them, the Applicants are authorised to obtain the services of a locksmith to open the property to afford the Applicants access thereto;

5. Following restoration of the property to the Applicants, the Respondents are interdicted and restrained from taking any steps or performing any conduct, whether acting personally or through the agency of any other person, with the intention or effect of evicting the Applicants from the property without an order of court entitling them to do so.

6. Declaring that the First, Third, Fourth and Fifth Respondents are in contempt of the order of this Honourable Courts.

7. Ordering that the First, Third, Fourth and Fifth Respondents shall be sentenced to a fine which shall be suspended on condition that the Respondents shall not within the next 20 years, evict the Applicants from the property without an order of court authorising the eviction.

8. Ordering that the Respondents, jointly and severally, the one paying the other to be absolved, pay the costs of this application on the scale as between attorney and client."

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