This
is an application for summary judgment in which the applicant seeks an order in
the following terms:-
“It
is ordered that:-
1.
Summary judgment be and is hereby granted for respondent's eviction (and all
those who claim through him) from the premises situate at number 2918
Emakhandeni, Bulawayo, within seven days of this order, failing which the
Deputy Sheriff for Bulawayo be and is hereby authorized to carry out the
eviction of the respondent, and all those claiming through him, from such
premises;
2.
The issue of rentals and the quantum thereof be and is hereby referred to
trial;
3.
Respondent pays costs of this application.”
The
applicant bought, from one Girison Afia, in terms of a written Agreement of
Sale, an immovable property known as Stand 2918 Emakhandeni, Bulawayo, on 10
October 2006.
The
purchase price was $4,800,000=, which the applicant paid in full. Girison Afia
had bought the property at an auction conducted by the Small Enterprises
Development Corporation on 23 December 2005. Transfer of the property into the
applicant's name was effected on 13 June 2007.
Thereafter,
the respondent was given notice in writing to vacate the property, but refused
to do so.
The
applicant issued summons seeking to evict the respondent from the said
property. The respondent entered appearance to defend.
The
applicant then launched this application for summary judgment as she believed
that the respondent had no bona fide defence to her case.
The
respondent opposed the application on the basis that the applicant was not a
bona fide purchaser of the property, but failed to establish a bona fide
defence to the applicant's claim.
The
applicant could not have been a mala fide purchaser since her agreement with
Girison Afia shows that Girison Afia purchased the property at an auction
conducted by the Small Enterprises Development Corporation. Further, Girison
Afia was the holder of title to the property granted in terms of a court order.
Quite clearly, the applicant was a bona fide purchaser.
The
respondent has no defence at all to the applicant's claim.
This is a proper case where summary judgment
should be granted in terms of the draft. In the result, I would grant the
application in terms of the draft...,.
