The judgment concerns an application for demolition of structures allegedly erected on the applicant’s erf in the Lesedi Local Municipality. The court found a material non-joinder because occupiers of the structures had not been joined, and removed the application from the roll with leave to re-enrol after joinder.
This may be relevant to property, construction and eviction matters where demolition relief is sought while occupiers are present.
Evidence from source
The applicant sought the demolition of the structures which had been erroneously erected on his erf. The occupiers were not parties to the litigation.
Supports: Plain summary: the application concerned demolition of structures and non-joinder of occupiers.
Because I take the view that there has been a material non-joinder, I do not express any view on the merits of the application.
Supports: Plain summary: the court did not decide the merits because of material non-joinder.