Duys and Others v Snyman De Jager Inc and Another (48139/2007) [2008] ZAGPHC 237 (2 June 2008)

Duys and Others v Snyman De Jager Inc and Another (48139/2007) [2008] ZAGPHC 237 (2 June 2008)

The court found that the Second Respondent, as the applicant for subdivision, was liable for the costs of the new electrical installation in accordance with the municipality's conditions. The First Respondent, as conveyancing attorneys, was ordered to pay the amount held in trust to the municipality. The escalation in installation costs was attributed to municipal officials' incompetence, and the Second Respondent was not held liable for the increased amount. The First Respondent did not oppose the application and was still holding the funds in trust. The Second Respondent was ordered to pay the costs of the application.

Citation
[2008] ZAGPHC 237
Parties
Applicant: Janetta Clasiena Duys; Applicant: Anette Dororhy Rautenbach; Applicant: Gerrit Jan Duys; Respondent: Snyman De Jager Inc; Respondent: Iwan Christiaan Schutte
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
2 June 2008
Case Number
48139/2007
Procedural Posture
Civil Application / First Instance
Outcome
Application granted in part; First Respondent ordered to pay R70,259.25 to the municipality; Second Respondent ordered to pay costs.
Judges
Makgoka
Legal Topics
Trust Account Liability, Electrical Installation Costs, Sale of Immovable Property, Municipal Conditions, Subdivision Liability
Land and Property Civil Procedure Trust Account Liability Electrical Installation Costs Sale of Immovable Property Municipal Conditions Subdivision Liability

Case Brief

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Parties

Janetta Clasiena Duys

Applicant

Anette Dororhy Rautenbach

Applicant

Gerrit Jan Duys

Applicant

Snyman De Jager Inc

Respondent

Iwan Christiaan Schutte

Respondent

Procedural Posture

Civil Application / First Instance

Legal Issues

  1. 1 Who is liable for the costs of new electrical installation on the subdivided property.
  2. 2 Whether the First Respondent, as conveyancing attorneys, must pay the amount held in trust to the municipality.
  3. 3 Whether the escalation in installation costs should be borne by the Second Respondent.

Ratio Decidendi

The court found that the Second Respondent, as the applicant for subdivision, was liable for the costs of the new electrical installation in accordance with the municipality's conditions. The First Respondent, as conveyancing attorneys, was ordered to pay the amount held in trust to the municipality. The escalation in installation costs was attributed to municipal officials' incompetence, and the Second Respondent was not held liable for the increased amount. The First Respondent did not oppose the application and was still holding the funds in trust. The Second Respondent was ordered to pay the costs of the application.

Court Disposition

Application granted in part; First Respondent ordered to pay R70,259.25 to the municipality; Second Respondent ordered to pay costs.

Orders

  • The First Respondent is ordered to pay the Mogale City Local Municipality the amount of R70,259.25 in respect of property known as 2241 Rangeview Extension 4, which amount the First Respondent holds in its Trust account on behalf of the Second Respondent.
  • The Second Respondent is ordered to pay the costs of the application.