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Department of Rural Development Land Reform and Another v Ntsadu and Others (3771/2018) [2019] ZAECMHC 6

27th February 2019

Click here to read the full judgment on Saflii

[1]          This matter was brought as an urgent interdict, Applicants seeking an interdict restraining Respondents and any persons acting “in cahoots” with them from occupying Farm Sibangweni No. 38, Nyandeni Municipality, Libode also known as Farm 191 (“the land”), together with ancillary relief preventing Respondents from erecting structures on the land. 

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[2]          First to Fourth Respondents gave notice to oppose and have filed answering affidavits. 

[3]          It seems unlikely that the remaining Respondents are properly before the Court but that is a matter for another day.

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[4]          First to Fourth Respondents raised the following points in limine:

1.         Non-Joinder;

2.         Urgency;

3.         Locus standi of Applicants.

[5]          It is clear from the affidavits that the land incorporates an “allotment 225” in respect of which allotment First to Fourth Respondents assert title.

[6]          The urgency issue in the light of the full set of papers filed essentially falls away.   In any event on the facts set out I consider the matter to have been of sufficient urgency to warrant the procedure and time limits of the application process. 

[7]          As to non-joinder after some argument, First to Fourth Respondents’ counsel correctly on the facts and on the inevitable findings flowing from the facts and the law, abandoned same.  

EDITED BY: Creamer Media Reporter
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