THE Free State High Court has given a local church 15 days to vacate the premises from which it has been operating in Bloemfontein.
Radiant Hour Ministry International, led by Charles Dunyoh, a self-proclaimed prophet from Ghana, has been conducting its services from a plot in Rocklands since entering an agreement to purchase the property on 10 September 2014.
However, when the church failed to honour the payment terms, the owner of the property, CS Oosthuizen Boerdery, proceeded to cancel the agreement and approach the court seeking an eviction order.
The application was heard by Acting Judge PJJ Zietsman on 16 November.
Radiant Hour Ministry International opposed the application arguing that the issue must be resolved by way of an alternative dispute resolution.
Secondly, the respondent claimed the parties had verbally agreed to extend time within which the purchase was to be paid.
The church was also relying on an improvement or enrichment lien, a claim that allows a possessor to claim expenses for necessary and useful improvements and retain the property until compensation is paid.
Radiant Hour Ministry International claimed it had spent in excess of R2-million on renovating, developing and erecting new structures on the property.
The improvements included the building of ablution facilities, a nursery, a storeroom and additional rooms.
However, the applicant alleged that the respondent made the additions to the property without the applicant’s prior written consent and in conflict with a clause in the agreement of sale.
As such, the applicant contended, that the improvements were done at the respondent’s own risk and could not form the basis of any right to remain in occupation of the property.
Radiant Hour Ministry International however failed to convince the court, resulting in the application’s success.
In his judgment handed down on 30 November, PJJ Zietsman ordered all persons or juristic persons holding occupation through the respondent to vacate the plot within 15 days of the order.
“The sheriff of this court or his/her lawful deputy is authorised and directed to take any and all such steps as are necessary to evict/eject the respondent and all persons or juristic persons holding occupation through the respondent from the aforesaid premises in the event that the respondent or any other person do not vacate the premises within the timeframes of this order,” the acting judge said.
The respondent was also ordered to pay the costs of the application. – Staff Reporter
