Vaalharts Water Users' Association t/a Vaalharts Water v Williams and Others (694/2022)
Vaalharts Water Users' Association t/a Vaalharts Water v Williams and Others (694/2022) [2022] ZANCHC 71 (4 November 2022)
The applicant established a clear right to the property through its agreement with the Department of Water Affairs and Forestry, which obliges it to maintain the scheme and prevent unlawful occupation. The CEO of the applicant had ostensible authority to bring the application, and the first respondent did not properly challenge this authority under Rule 7. The previous Magistrate's decision in case 84/2020 was based on technical grounds and did not bind this court or constitute res judicata, as the facts in the present matter are distinct and occurred at a different time. The respondents fail…
Source excerpt
- Final Interdict
- Trespass Act
- Authority Of Corporate Officer
- Res Judicata
- Jurisdiction
- Costs Order