Phoenix tenants to appeal ruling

2014-02-04 00:00

CONTROVERSIAL Durban businessperson Jay Singh’s tenants are preparing to appeal against a Durban high court ruling that saw their application for an interdict struck off the court roll.

The Phoenix Tenants and Residents Association on Friday were surprised when Acting Judge Bulelwa Ndamase dismissed an application to interdict Bambelela Security from evicting residents at Singh’s Woodglaze housing units in Phoenix.

Ndamase argued that the applicants had on December 31 lost an application to extend an interdict to evict against Singh with costs. The original order was granted by Magistrate S. Naidoo at the high court in May 17, 2013.

Ndamase said the papers submitted on Friday were similar to the papers submitted in December, therefore she could not entertain the application.

She further said the applicants had not paid the costs of the failed December application.

Residents insist the two matters are unrelated.

“In December we sought to extend that interdict, but we lost. Now we are coming back to court seeking to stop Bambelela Security from illegally evicting people from the housing units.

“We will appeal this ruling,” said Association spokesperson Mervin Govender on Friday.

The association’s lawyer Advocate Ramesh Luckeychund confirmed the plan to appeal Friday’s ruling.

Luckeychund was critical of the judge’s ruling.

“On Friday we sought to interdict the Bambelela Security company from illegally evicting people from their houses,” said Luckeychund yesterday.

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