Lombardy Development (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Another (79462/18) [2021] ZAGPPHC 886 (9 December 2021)

Lombardy Development (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Another (79462/18) [2021] ZAGPPHC 886 (9 December 2021)

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal, as required by section 17 of the Superior Courts Act. The grounds of appeal were not clearly and succinctly set out, and the applicants improperly introduced new allegations in their replying affidavit without allowing the respondents an opportunity to respond. The relief sought became moot after the respondents' answering affidavit established compliance with previous court orders, and the applicants' amended notice of motion and new grounds did not revive a live controversy. The requirements for a mandatory interdict were not met, as the applicants did not establish a clear right,...

Citation
[2021] ZAGPPHC 886
Parties
Applicant: Lombardy Development (Pty) Ltd; Applicant: Karin Geldenhuis; Applicant: Johannes Fredrik Geldenhuys; Applicant: Cecilia Loots; Applicant: Lisa Hopkinson; Applicant: Lyn Cher Calle; Applicant: Emily Mathilda Bezuidenhout; Applicant: Nicolaas Wynand Bezuidenhout; Applicant: Liza Hamman; Applicant: Hugh Arundel van der Westhuizen; Applicant: Johan Siebert van Onselen; Applicant: Marion Grassini; Applicant: Carlos Arturo Grassini; Applicant: Marcos Arturo Grassini; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Municipal Manager of the Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 December 2021
Case Number
79462/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Opposed Application and Judgment
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
E.K Tsatsi
Legal Topics
Leave to Appeal, Mandamus, Municipal Property Rates, Costs Award, Mootness, Mandatory Interdict
Civil Procedure Constitutional Law Land and Property Leave to Appeal Mandamus Municipal Property Rates Costs Award Mootness +1 more

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Parties

Lombardy Development (Pty) Ltd

Applicant

Karin Geldenhuis

Applicant

Johannes Fredrik Geldenhuys

Applicant

Cecilia Loots

Applicant

Lisa Hopkinson

Applicant

Lyn Cher Calle

Applicant

Emily Mathilda Bezuidenhout

Applicant

Nicolaas Wynand Bezuidenhout

Applicant

Liza Hamman

Applicant

Hugh Arundel van der Westhuizen

Applicant

Johan Siebert van Onselen

Applicant

Marion Grassini

Applicant

Carlos Arturo Grassini

Applicant

Marcos Arturo Grassini

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Municipal Manager of the Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Opposed Application and Judgment

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal.
  2. 2 Whether the grounds of appeal are clearly and succinctly set out as required.
  3. 3 Whether the application for leave to appeal is moot due to compliance by the respondents.

Ratio Decidendi

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal, as required by section 17 of the Superior Courts Act. The grounds of appeal were not clearly and succinctly set out, and the applicants improperly introduced new allegations in their replying affidavit without allowing the respondents an opportunity to respond. The relief sought became moot after the respondents' answering affidavit established compliance with previous court orders, and the applicants' amended notice of motion and new grounds did not revive a live controversy. The requirements for a mandatory interdict were not met, as the applicants did not establish a clear right,...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed with costs, such costs to include the employment of two counsel.