South Africa Case Law

Gemini Moon Trading 64 (Pty) Ltd v Dawid Kruiper Local Municipality (466/2022)

Gemini Moon Trading 64 (Pty) Ltd v Dawid Kruiper Local Municipality (466/2022) [2023] ZANCHC 42 (8 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

466/2022

Judge

Ramaepadi

The court found that clause 10.2 of the Sale Agreement does not require the Municipality's satisfaction or a final completion certificate signed by all parties before assuming responsibility for maintenance and repair of the electrical infrastructure. The obligation arises once Gemini Moon's consulting engineer issues a certificate of completion. The Municipality's attempt to import additional requirements was rejected as impermissible under the parol evidence rule. The Body Corporates of the developments do not have a direct and substantial legal interest in the relief sought, as their inter…

Source excerpt

• Contractual Interpretation
• Municipal Services Liability
• Non Joinder
• Urgent Interdict
• Sectional Titles Act
• Debt Collection Policy

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016)

Laubscher and Another v Rustenburg Local Municipality and Another (M56/2016) [2016] ZANWHC 61 (15 December 2016)

Court

North West High Court, Mafikeng

Case number

M56/2016

Judge

R D Hendricks

The court held that the owners were not liable for 11KV electricity charges contracted by their tenant and removed the charges from their municipal account.

• Municipal Services Liability
• Electricity Supply Agreements
• Contractual Privity
• Debt Collection Policy
• Municipal-services-liability
• Electricity-supply-agreements