The Mpumalanga Division of the High Court on Thursday, April 16, reserved judgment in two applications in the matter of Shofeeds vs Johan Möller and others.

The applications before Acting Judge Poppie Kekana concern the rescission of a liquidation order and an eviction application against Möller, his life partner Sonell Joubert, and a third individual.

The court heard that Shofeeds, which purchased the farm at a liquidation auction for R9.1 million, has been unable to take occupation because Möller refuses to vacate, claiming he is a beneficiary of a trust.

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In the rescission application, Möller is cited as a beneficiary of the Lowhill Family Trust and opposes the liquidation order. Advocate Hennie van Rensburg SC, representing Möller and his co-applicants, argued that the rescission and eviction matters should not be presided over by the same judge.

After reserving judgment on the rescission application, both legal teams agreed that the eviction matter would also proceed before Kekana.

Advocate JE Kruger, for Shofeeds, told the court he had a copy of a letter authored by Van Rensburg requesting that Judge Lindiwe Vukeya hear the matters due to seniority. Van Rensburg confirmed writing the letter but accepted Kekana’s role. Kruger accused him of employing opportunistic technical manoeuvres to avoid arguing the merits.

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The court further heard that Joubert resides on the farm with Möller’s permission, while Möller claims to occupy the property on behalf of its owner. Kruger countered that although Möller and Joubert claimed to have no alternative accommodation, they were able to hire senior counsel, which suggested they had the means to secure housing elsewhere.

Kekana ultimately reserved judgment in the eviction application as well, without indicating when rulings in either matter would be delivered.