Shoreline Auctioneers CC v City of Johannesburg Metropolitan Municipality (38105/2017) [2024] ZAGPJHC 464 (8 May 2024)

Shoreline Auctioneers CC v City of Johannesburg Metropolitan Municipality (38105/2017) [2024] ZAGPJHC 464 (8 May 2024)

The court found that the applicant had demonstrated a reasonable prospect of success on appeal regarding whether the court relied on evidence not properly before it in determining compensation and interest. The court disagreed with the applicant's argument that it lacked jurisdiction, as the draft order was neither by agreement nor consent, and the court was required to determine just and equitable compensation under section 25(2) and (3) of the Constitution. However, the court accepted that the issue of reliance on non-evidence materials warranted consideration by a higher court. Accordingly, leave to appeal was granted to the Full Bench of the Division against the judgment and orders 1,...

Citation
[2024] ZAGPJHC 464
Parties
Applicant: Shoreline Auctioneers CC; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 May 2024
Case Number
38105/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Orders 1, 2 and 5.
Outcome
Leave to appeal is granted to the Full Bench of this Division against the judgment and orders 1, 2 and 5. Costs of the application for leave to appeal are costs in the appeal.
Judges
Flatela
Legal Topics
Expropriation Act 1975, Just and Equitable Compensation, Leave to Appeal, Market Value Determination
Land and Property Civil Procedure Expropriation Act 1975 Just and Equitable Compensation Leave to Appeal Market Value Determination

Case Brief

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Parties

Shoreline Auctioneers CC

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Orders 1, 2 and 5.

Legal Issues

  1. 1 Whether leave to appeal should be granted against the judgment and orders 1, 2 and 5.
  2. 2 Whether the court had jurisdiction to determine compensation when the market value was common cause.
  3. 3 Whether the court relied on evidence not properly before it in determining compensation and interest.

Ratio Decidendi

The court found that the applicant had demonstrated a reasonable prospect of success on appeal regarding whether the court relied on evidence not properly before it in determining compensation and interest. The court disagreed with the applicant's argument that it lacked jurisdiction, as the draft order was neither by agreement nor consent, and the court was required to determine just and equitable compensation under section 25(2) and (3) of the Constitution. However, the court accepted that the issue of reliance on non-evidence materials warranted consideration by a higher court. Accordingly, leave to appeal was granted to the Full Bench of the Division against the judgment and orders 1,...

Court Disposition

Leave to appeal is granted to the Full Bench of this Division against the judgment and orders 1, 2 and 5. Costs of the application for leave to appeal are costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Bench of this Division against the judgment and orders 1, 2 and 5.
  • Costs of the application for leave to appeal are costs in the appeal.