Buffalo Club v Border Cricket and Others (1078/2011) [2012] ZAECGHC 20 (26 April 2012)

Buffalo Club v Border Cricket and Others (1078/2011) [2012] ZAECGHC 20 (26 April 2012)

The court found that the applicant had established a prima facie right to use certain facilities at Buffalo Park Cricket Stadium under the written agreement with the first respondent. The agreement, while not a model of clarity, indicated that the applicant was entitled to use the rugby playing fields, floodlights, and change rooms during specified periods. The dispute as to the precise extent of usage and whether there was a breach of the agreement was not for determination at this stage, but for the action to be instituted. The applicant demonstrated a reasonable apprehension of harm, including financial loss and loss of membership, if interim relief was not granted. The balance of...

Citation
[2012] ZAECGHC 20
Parties
Applicant: Buffalo Club; Respondent: Border Cricket (an association incorporated under section 21 of the Companies Act 61 of 1973); Respondent: Cricket South Africa; Respondent: Buffalo City Municipality
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
26 April 2012
Case Number
1078/2011
Procedural Posture
Urgent Application / Interim Interdict Application
Outcome
Interim interdict granted in favour of the applicant; first respondent ordered to allow access and use of facilities pending finalisation of action; costs awarded against first respondent, excluding costs of previous proceedings.
Judges
N G Beshe
Legal Topics
Interim Interdict, Lease Agreement, Specific Performance, Urgent Application, Access to Sports Facilities
Civil Procedure Land and Property Interim Interdict Lease Agreement Specific Performance Urgent Application Access to Sports Facilities

Case Brief

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Parties

Buffalo Club

Applicant

Border Cricket (an association incorporated under section 21 of the Companies Act 61 of 1973)

Respondent

Cricket South Africa

Respondent

Buffalo City Municipality

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application

Legal Issues

  1. 1 Whether the applicant is entitled to interim access and use of the rugby playing fields and facilities at Buffalo Park Cricket Stadium pending finalisation of an action.
  2. 2 Whether the written agreement between the applicant and first respondent remains valid and enforceable.
  3. 3 Whether the requirements for an interim interdict have been satisfied.

Ratio Decidendi

The court found that the applicant had established a prima facie right to use certain facilities at Buffalo Park Cricket Stadium under the written agreement with the first respondent. The agreement, while not a model of clarity, indicated that the applicant was entitled to use the rugby playing fields, floodlights, and change rooms during specified periods. The dispute as to the precise extent of usage and whether there was a breach of the agreement was not for determination at this stage, but for the action to be instituted. The applicant demonstrated a reasonable apprehension of harm, including financial loss and loss of membership, if interim relief was not granted. The balance of...

Court Disposition

Interim interdict granted in favour of the applicant; first respondent ordered to allow access and use of facilities pending finalisation of action; costs awarded against first respondent, excluding costs of previous proceedings.

Orders

  • The forms and service provided for in the Rules are abridged and the application is heard as one of urgency.
  • The first respondent is ordered to allow the applicant and its members access to and use and enjoyment of the rugby playing fields, grassed surface, and rugby playing field at Buffalo Park Cricket Stadium, East London, and to utilize the floodlights and change room facilities for the period between 1 April and 30...