Nedile Lodge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (Leave to Appeal) (23/013897) [2025] ZAGPPHC 766 (21 July 2025)

Nedile Lodge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (Leave to Appeal) (23/013897) [2025] ZAGPPHC 766 (21 July 2025)

The court found that the failure to record the dismissal of the Second Applicant's application for declaratory relief was a patent error, correctable mero motu under Rule 42(1)(b) of the Uniform Rules of Court. The cost orders were clarified to specify that they are in favour of the First Applicant. The grounds of appeal regarding the counterapplication and declarators were found to lack merit, as the judgment had adequately addressed the absence of evidence and delay in the review application, and the interpretation of the lease agreement was consistent with established precedent. The court concluded that there are no prospects that another court would reach a different conclusion and...

Citation
[2025] ZAGPPHC 766
Parties
Applicant: Nedile Lodge (Pty) Ltd; Applicant: Wonderboom Hangar Owners Association; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 July 2025
Case Number
23/013897
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Issued on 13 November 2024.
Outcome
Application for leave to appeal dismissed with costs. Original order corrected and varied to clarify dismissal of Second Applicant's application and cost orders.
Judges
G J Scheepers
Legal Topics
Leave to Appeal, Variation of Order, Lease Agreement Interpretation, Costs Orders, Declaratory Relief
Civil Procedure Land and Property Leave to Appeal Variation of Order Lease Agreement Interpretation Costs Orders Declaratory Relief

Case Brief

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Parties

Nedile Lodge (Pty) Ltd

Applicant

Wonderboom Hangar Owners Association

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Issued on 13 November 2024.

Legal Issues

  1. 1 Whether the failure to record the dismissal of the Second Applicant's application for declaratory relief renders the order appealable.
  2. 2 Whether the cost orders require clarification and correction.
  3. 3 Whether the grounds of appeal regarding the counterapplication and declarators have merit.

Ratio Decidendi

The court found that the failure to record the dismissal of the Second Applicant's application for declaratory relief was a patent error, correctable mero motu under Rule 42(1)(b) of the Uniform Rules of Court. The cost orders were clarified to specify that they are in favour of the First Applicant. The grounds of appeal regarding the counterapplication and declarators were found to lack merit, as the judgment had adequately addressed the absence of evidence and delay in the review application, and the interpretation of the lease agreement was consistent with established precedent. The court concluded that there are no prospects that another court would reach a different conclusion and...

Court Disposition

Application for leave to appeal dismissed with costs. Original order corrected and varied to clarify dismissal of Second Applicant's application and cost orders.

Orders

  • The order granted on 13 November 2024 is corrected and varied to record the dismissal of the Second Applicant's application for declaratory relief and clarify the cost orders.
  • It is declared that the option exercised by the first respondent to renew the lease in terms of clause 29 of the lease agreement "on the same terms and conditions" affords the First Applicant an option to renew the lease for a further period or periods "on the same terms and conditions", including clause 29.