The High Court in Pretoria dismissed an application by the Mawulu Communal Property Association and others that sought to set aside a notarial lease, invalidate and cancel a mortgage bond, and evict Kubalele Farming and others from the farms. The court said the application could not succeed on the papers, including because authority to litigate, joinder, and disputed facts were not properly established. The court also ordered costs against Mr Sinky Thomas Mnisi and the second and third applicants on an attorney and client scale, with a conditional costs order against the first applicant.
This may be relevant to communal property associations, agricultural lease arrangements, bond registration disputes, and eviction proceedings arising from land reform land.
Evidence from source
the application cannot succeed in its present form. The conclusion rests principally on the applicants’ failure to establish authority to litigate on behalf of the Mawulu CPA on the papers, the non-joinder of persons whose legal interests w
Supports: Summary sentence 2 about why the court said the application could not succeed.