The KwaZulu-Natal High Court in Durban has reinforced property rights by ordering the eviction of two individuals who have unlawfully occupied a luxury apartment in Umhlanga Rocks for over five years.
The case saw joint liquidators of Jubilee Plant Hire SA CC, Jacobus Willem Venter and Justi Stroh, seeking the removal of Lovendran Marimuthu and his wife, Ramona Budden, from the apartment owned by the now-liquidated company.
The court reaffirmed the applicants’ right to reclaim possession of the property, valued between R7.5 million and R10 million, as part of liquidation proceedings aimed at settling outstanding debts with creditors.
In his judgment, Judge Robin George Mossop emphasised that Jubilee Plant Hire SA CC’s ownership of the apartment was uncontested and pointedly noted the absence of any formal lease agreements or compensation for the respondents' occupation. Despite claims of a historical right to remain, their arguments lacked substantive legal merit.
The court also observed critical gaps in the respondents’ defense. Marimuthu failed to file a direct answering affidavit, instead relying solely on his wife’s statements, an approach that left many key allegations unchallenged. Without supporting documentation to substantiate their claims, the couple was left without a viable legal argument against eviction.
Financial standing and eviction order
Adding further context to the ruling, the court examined Marimuthu’s financial standing, noting his ownership of a Lamborghini, an indication that eviction would not result in destitution. This assessment reinforced the court’s determination that the couple’s continued occupation was unjustified.
Judge Mossop’s ruling emphasised the necessity of enforcing property rights, setting 30 June 2025 as the deadline for vacating the premises. If the respondents fail to comply, the sheriff of the court will be authorized to carry out the eviction. Additionally, the respondents have been ordered to bear the legal costs incurred by the applicants.
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