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Man loses contempt bid after landlord says he could not identify who took his car

A Johannesburg High Court judge dismissed a man's contempt application after finding that the landlord could not be punished for failing to provide information he did not have.

Man loses contempt bid after landlord says he could not identify who took his car

A Johannesburg man, Renias Mutshipisi, has lost a court battle to have his landlord declared in contempt of court. The South Gauteng High Court dismissed Mutshipisi's application for contempt against Greg Shering, ruling that Shering had made reasonable efforts to comply with a court order but could not identify the person who removed Mutshipisi's car.

The court found that contempt of court requires more than simply failing to comply with an order. Mutshipisi had lent his car to a friend, Jamaine Mazambani, who left it on a vacant property rented from Shering. When Mazambani's lease ended, he left the property with several vehicles and rubble. Shering repeatedly asked Mazambani to remove the vehicles, but received no response.

Shering then encountered a stranger at a gym who offered to help remove the vehicles, but Shering did not obtain the stranger's identity or contact details. When Mutshipisi later sought his car's return from Shering, the court ordered Shering to provide the name, address, and contact details of the person who removed the vehicle.

However, Shering could not comply, as he had never obtained the stranger's identity. The court found that Shering had reasonably tried to identify the person responsible and dismissed Mutshipisi's contempt application.

Written by urgent.news from IOL's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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