Tshwane Business and Agriculture Corporation NPC v City of Tshwane Municipality (25406/17) [2017] ZAGPPHC 201 (11 April 2017)
The court found that fairness required the respondent to be given time to search for and present a final demand notice, as new matter had arisen in the applicant's replying affidavit. The rule nisi was extended to allow both parties to file supplementary affidavits. The respondent was not precluded from serving a...
Source-derived case information.
- Citation
- [2017] ZAGPPHC 201
- Parties
- Applicant: City of Tshwane Municipality; Respondent: Tshwane Business and Agriculture Corporation NPC
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 25406/17
- Procedural Posture
- Urgent Application / Interim Order Following Previous Judgment; Extension of Rule Nisi
- Outcome
- Interim rule nisi extended; parties granted leave to file supplementary affidavits; costs reserved.
- Judges
- GC Wright
- Legal Topics
- Rule Nisi Extension, Supplementary Affidavit, Final Demand Notice
Source-derived case record
Summary, issues, holding and outcome
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Parties
City of Tshwane Municipality
Applicant
Tshwane Business and Agriculture Corporation NPC
Respondent
Procedural Posture
Urgent Application / Interim Order Following Previous Judgment; Extension of Rule Nisi
Legal Issues
- 1 Whether the respondent should be afforded an opportunity to place a final demand before the court.
- 2 Whether the rule nisi should be extended pending further affidavits.
- 3 Whether the respondent may serve a fresh final demand notice on the applicant.
Ratio Decidendi
The court found that fairness required the respondent to be given time to search for and present a final demand notice, as new matter had arisen in the applicant's replying affidavit. The rule nisi was extended to allow both parties to file supplementary affidavits. The respondent was not precluded from serving a fresh final demand notice at any time. Costs were reserved pending further proceedings.
Court Disposition
Interim rule nisi extended; parties granted leave to file supplementary affidavits; costs reserved.
Orders
- The rule nisi is extended to 28 June 2017.
- The respondent may file a supplementary answering affidavit by 4pm on 19 May 2017.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA,
GAUTENG DIVISION,
PRETORIA
CASE NO: 25406/17
DATE: 11/4/2017
REPORTABLE
OF INTEREST TO OTHER JUDGES
In the matter between:
TSHWANE BUSINESS & AGRICULTURAL RESPONDENT
CORPORATION NPC
and
CITY OF TSHWANE MUNICIPALITY
APPLICANT
JUDGMENT AND ORDER -11 April 2017
WRIGHT J
1. This judgment follows on my judgment and order of 7 April 2017. The applicant did not file a supplementary affidavit as invited in my order of 7 April 2017. Instead, it filed a replying affidavit after the answering affidavit had been filed. This means that there is new matter in the replying affidavit. The respondent needs time to search its archives to look for a final demand sent during or about August 2016. In my view it would be unfair not to afford the respondent an opportunity to place this demand before the court. In the interim the rule must be extended because notice by the respondent appears, on the papers before me to have been inadequate. There is nothing to stop the respondent from delivering a fresh final demand notice if it wishes to do so.
Order
1. The rule nisi is extended to 28 June 2017.
2. The respondent may file a supplementary answering affidavit by 4pm on 19 May 2017.
3. The applicant may file a supplementary replying affidavit by 4pm on 26 May 2017.
4. Costs reserved.
5. Nothing in this order prevents the respondent from at any time serving a final demand on the applicant if it wishes to do so.
GCWRIGHT J
JUDGE OF THE HIGH COURT,