Shepstone House Two Ltd v Msunduzi Municipality and Others (3796/2012) [2012] ZAKZPHC 51 (7 August 2012)

Shepstone House Two Ltd v Msunduzi Municipality and Others (3796/2012) [2012] ZAKZPHC 51 (7 August 2012)

The applicant failed to establish any right to the supply of electricity to Shepstone House, as it had no contract with the municipality and unlawfully diverted electricity from the Nedbank Building, contrary to municipal by-laws. The occupation of floors above the ground floor was unlawful, as no certificate of occupation had been issued, and previous court orders prohibiting such occupation remained in force. The occupiers were present with the applicant's consent, so PIE did not apply. Even if PIE were applicable, the occupiers had not demonstrated any grounds for the court to exercise its discretion in their favour, and safety considerations required their removal. The applicant's...

Citation
[2012] ZAKZPHC 51
Parties
Applicant: Shepstone House Two Ltd; Respondent: Msunduzi Municipality; Respondent: The Occupiers of Shepstone House; Respondent: Suheena Investments CC
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
7 August 2012
Case Number
3796/2012
Procedural Posture
Urgent Application / Return Day of Rule Nisi; Confirmation/discharge of Interim Orders
Outcome
The applicant's rule nisi was discharged with costs on the attorney and client scale; the first respondent's rule nisi was confirmed; the applicant was ordered to pay all reserved costs on a party and party scale.
Judges
Koen
Legal Topics
Municipal Bylaws, Electricity Supply Contracts, Certificate of Occupation, Unlawful Occupation, Prevention of Illegal Eviction Act, Costs Orders
Land and Property Civil Procedure Administrative Law Municipal Bylaws Electricity Supply Contracts Certificate of Occupation Unlawful Occupation Prevention of Illegal Eviction Act +1 more

Case Brief

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Parties

Shepstone House Two Ltd

Applicant

Msunduzi Municipality

Respondent

The Occupiers of Shepstone House

Respondent

Suheena Investments CC

Respondent

Procedural Posture

Urgent Application / Return Day of Rule Nisi; Confirmation/discharge of Interim Orders

Legal Issues

  1. 1 Whether the applicant is entitled to restoration and continued supply of electricity to Shepstone House.
  2. 2 Whether the occupation of floors above the ground floor in Shepstone House is lawful without a certificate of occupation.
  3. 3 Whether the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (PIE) applies to the occupiers.

Ratio Decidendi

The applicant failed to establish any right to the supply of electricity to Shepstone House, as it had no contract with the municipality and unlawfully diverted electricity from the Nedbank Building, contrary to municipal by-laws. The occupation of floors above the ground floor was unlawful, as no certificate of occupation had been issued, and previous court orders prohibiting such occupation remained in force. The occupiers were present with the applicant's consent, so PIE did not apply. Even if PIE were applicable, the occupiers had not demonstrated any grounds for the court to exercise its discretion in their favour, and safety considerations required their removal. The applicant's...

Court Disposition

The applicant's rule nisi was discharged with costs on the attorney and client scale; the first respondent's rule nisi was confirmed; the applicant was ordered to pay all reserved costs on a party and party scale.

Orders

  • The rule nisi issued on 11 May 2012 at the instance of the applicant is discharged with costs on the attorney and client scale.
  • The rule nisi granted on 24 May 2012 at the instance of the first respondent is confirmed.