Kena Media (Pty) Ltd v City of Johannesburg Metropolitan Municipality, In Re: City of Johannesburg Metropolitan Municipality v Kena Media (Pty) Ltd (3703/2018) [2019] ZAGPJHC 208 (27 June 2019)

Kena Media (Pty) Ltd v City of Johannesburg Metropolitan Municipality, In Re: City of Johannesburg Metropolitan Municipality v Kena Media (Pty) Ltd (3703/2018) [2019] ZAGPJHC 208 (27 June 2019)

The court found that JC Decaux's bid and the lease agreement were expressly referred to in the City's founding affidavit and were relevant to the main application, particularly because the City relied on JC Decaux's advertising on the Western Tower as a ground for claiming Kena Media's signage on the Eastern Tower was unlawful under section 6(2)(a) of the By-Law. The court rejected the City's argument that prior judicial findings on the validity of the JC Decaux lease rendered the documents irrelevant, holding that as long as the City's pleaded case relied on JC Decaux's advertising, the basis and terms of that advertising were relevant. However, the award letter was only referred to by...

Citation
[2019] ZAGPJHC 208
Parties
Applicant: Kena Media (Pty) Ltd; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 June 2019
Case Number
3703/2018
Procedural Posture
Interlocutory Application / Application to Compel Production of Documents Under Rule 35(12) Prior to Main Hearing
Outcome
Application to compel granted in part; City ordered to produce JC Decaux's bid and lease agreement; costs awarded to Kena Media.
Judges
Goodman
Legal Topics
Rule 35 12 Document Production, Municipal by Laws, Heritage Site Regulation, Standing to Sue
Civil Procedure Land and Property Rule 35 12 Document Production Municipal by Laws Heritage Site Regulation Standing to Sue

Case Brief

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Parties

Kena Media (Pty) Ltd

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Interlocutory Application / Application to Compel Production of Documents Under Rule 35(12) Prior to Main Hearing

Legal Issues

  1. 1 Whether the City of Johannesburg must produce documents referred to in its founding affidavit under Rule 35(12).
  2. 2 Whether the requested documents are relevant to the main application concerning advertising signage on the Orlando Cooling Towers.
  3. 3 Whether reference to documents by implication triggers Rule 35(12) obligations.

Ratio Decidendi

The court found that JC Decaux's bid and the lease agreement were expressly referred to in the City's founding affidavit and were relevant to the main application, particularly because the City relied on JC Decaux's advertising on the Western Tower as a ground for claiming Kena Media's signage on the Eastern Tower was unlawful under section 6(2)(a) of the By-Law. The court rejected the City's argument that prior judicial findings on the validity of the JC Decaux lease rendered the documents irrelevant, holding that as long as the City's pleaded case relied on JC Decaux's advertising, the basis and terms of that advertising were relevant. However, the award letter was only referred to by...

Court Disposition

Application to compel granted in part; City ordered to produce JC Decaux's bid and lease agreement; costs awarded to Kena Media.

Orders

  • The City is ordered to make JC Decaux's bid submitted in response to the tender for a 10-year branding lease on the Western Tower available to Kena Media's legal representatives for inspection within 5 days of the date of this order.
  • The City is ordered to make the lease agreement concluded between the City and JC Decaux in respect of the Western Tower available to Kena Media's legal representatives for inspection within 5 days of the date of this order.