Maribo Media (Pty) Ltd v Body Corporate of the Chartwell Centre Scheme (1456/2012) [2013] ZAKZDHC 78 (8 January 2013)

Maribo Media (Pty) Ltd v Body Corporate of the Chartwell Centre Scheme (1456/2012) [2013] ZAKZDHC 78 (8 January 2013)

The court found that the municipal approval for the advertising billboards expired on 31 August 2012, rendering their continued display illegal under the relevant bylaws. The applicant's submission of a doctored approval document was unacceptable and undermined its credibility. The court held that, although the general rule is that municipal bylaws must be pleaded and proved, this requirement may be relaxed where the bylaw's existence is brought to the court's attention and is central to the dispute. The principle of legality prevails over contractual provisions, and the lease cannot be enforced to require unlawful conduct. The interim relief previously granted was based on incomplete and...

Citation
[2013] ZAKZDHC 78
Parties
Applicant: Maribo Media (Pty) Ltd; Respondent: Body Corporate of the Chartwell Centre Scheme
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
8 January 2013
Case Number
1456/2012
Procedural Posture
Urgent Application / Interlocutory Application to Discharge Interim Relief; Counter Application
Outcome
Interim relief discharged; applicant's counter-application dismissed; costs awarded against applicant.
Judges
Vahed
Legal Topics
Municipal Bylaws, Lease Agreement Termination, Interim Interdict, Illegality of Advertising Structures, Judicial Notice of Bylaws, Principle of Legality
Land and Property Civil Procedure Commercial and Corporate Municipal Bylaws Lease Agreement Termination Interim Interdict Illegality of Advertising Structures Judicial Notice of Bylaws +1 more

Case Brief

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Parties

Maribo Media (Pty) Ltd

Applicant

Body Corporate of the Chartwell Centre Scheme

Respondent

Procedural Posture

Urgent Application / Interlocutory Application to Discharge Interim Relief; Counter Application

Legal Issues

  1. 1 Whether the continued display of advertising billboards after expiry of municipal approval is illegal under applicable bylaws.
  2. 2 Whether the respondent was entitled to discharge the interim interdict granted in favour of the applicant.
  3. 3 Whether the applicant's counter-application to compel the respondent to re-apply for municipal approval should be granted.

Ratio Decidendi

The court found that the municipal approval for the advertising billboards expired on 31 August 2012, rendering their continued display illegal under the relevant bylaws. The applicant's submission of a doctored approval document was unacceptable and undermined its credibility. The court held that, although the general rule is that municipal bylaws must be pleaded and proved, this requirement may be relaxed where the bylaw's existence is brought to the court's attention and is central to the dispute. The principle of legality prevails over contractual provisions, and the lease cannot be enforced to require unlawful conduct. The interim relief previously granted was based on incomplete and...

Court Disposition

Interim relief discharged; applicant's counter-application dismissed; costs awarded against applicant.

Orders

  • Paragraphs 2 and 3 of the order made on 20 February 2012 under case number 1456/2012 are deleted and replaced with: '2. The costs of the opposed hearing on 20 February 2012 are to be paid by the applicant. All other costs are reserved for the decision of the court finally deciding the application.'
  • The conditional counter-application dated 26 October 2012 is dismissed with costs.