Award-winning musician and king of the dance floor Bongani Mohosana, popularly known as Murdah Bongz, has obtained a court order to remove his belongings from a house owned by Black Motion.
This after his former partner Roy Mabogwane refused to hand them over to him and also denied him access to remove them fromthe property.
Not only did he obtain the order to retrieve his stuff back, but he is also on the brink of leaving Mabogwane and the record label several thousand rands worse off after he obtained a cost order against them.
The cost case, called a taxation hearing, will be heard on September 25, where the tax master will determine how much Mabogwane and the record label will fork out to pay Mohosana’s legal bill.
Mohosana’s victory comes a year after he was ordered by the police to return the studio equipment he allegedly took from the property without Mabogwane’s permission.
In the court papers filed in the Johannesburg High Court, Mohosana said he and Mabogwane purchased the property in Centurion, Tshwane, on April 22 2015, through their record label Spirit Motion. He said that while living in the property, he kept his personal belongings and other household contents in the crib.
“At the time, I would produce music under the name and style of a group called Black Motion. I was living there and working with, among others, the second respondent, who also continues to live in the property,” he said.
Mohosana said he vacated the property in December 2022, leaving behind all his personal belongings in a bedroom he was occupying on the property. He said he had not returned to the property to live there since.
He said his attempts to arrange for the collection of his personal belongings and household contents from the house drew a blank because Mabogwane and the record label denied him access.
“To my knowledge, the bedroom that I was occupying on the property has remained locked all material times,”he said.
He said on or about August 23 2023, through his attorneys, he wrote a letter of demand to collect his belongings and further went on to suggest that Mabogwane provide him with dates on which he could do so.
“On the same day, in reply thereto, a response was sent to my attorneys, indicating inter alia, that the respondents ‘don’t know what Mr Mohosana is referring to by his personal belongings’,” he said.
Mohosana said he was taken aback because he was a director of Spirit Motion and by virtue of being the co-owner of the record label he was also the co-owner of the property.
He said he was advised that the only way he could get his belongings back was to litigate.
“I am advised that rei vindicatio is a remedy available to an owner for reclaiming property from whomever is in possession thereof.
“I confirm that I do own each and every one of the goods/items in the bedroom I occupied, and I had kept them in the said bedroom that I occupied during my stay at the first respondent’s address.
“At present, I cannot recall with certainty all the items in that particular room, however, by way of mere description, I am aware that my designer clothing, designer shoes, my bed, bedding, and other personal effects are still in the property.
“I am advised that I am entitled to recover possession of such items from the respondents, which (sic) have no legal basis for withholding and/or retaining such possession to my exclusion,” he stated in the papers.
Mohosana further stated that Mabogwane and the label were depriving him of the physical control and usage of his goods.
He said despite a letter of demand having been sent to the record label and Mabogwane, they neither returned his belongings nor attempted to make any arrangements to deliver or allow for him to collect them.
“I accordingly seek an order that the personal belongings and/or household contents be returned by the respondents to me immediately upon the granting of the order.”
Mohosana also applied for a cost order.
Despite refusing to hand over his belongings, Mabogwane and Spirit Motion did not oppose Mohosana’s suit.
Judge Luleka Flatela granted the order in Mohosana’s favour on April 24 last year.
She ordered Mabogwane and the record label to deliver “all and any of the applicant’s personal belongings and/or the contents of the bedroom that the applicant occupied and which personal belongings and/or contents are still at the respondents’ premises”.
She also authorised and directed the sheriff or his lawful deputy to attach and remove Mohosana’s personal belongings and contents from the bedroom.
She also ordered Mabogwane and the record label to pay the costs of the application on an attorney and own client scale.
