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Commercial And Corporate [2018] ZASCA 176

City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (106/2018)

City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (106/2018) [2018] ZASCA 176; [2019] 1 All SA 291 (SCA); 2019 (3) SA 398 (SCA) (3 December 2018)

Court
Supreme Court of Appeal
Case number
106/2018
Judges
Navsa, Swain, Dambuza, Mokgohloa, Mothle

The Supreme Court of Appeal held that the reference to 'normal rate of the municipality' in clause 6.16.1 of the Engineering Services Agreement does not entitle the Blair Atholl Homeowners Association to the bulk rate reserved for municipalities. The correct approach is to determine which approved tariff category factually applies to the estate, and the Association does not qualify as a municipality for tariff purposes. The court found that the reasoning of the lower court negated the actual wording of the contract and that the introductory language of clause 6.16 does not override the need t…

Source excerpt

  • Contract Interpretation
  • Municipal Services Tariffs
  • Parol Evidence Rule
  • Separation Of Issues
  • Engineering Services Agreement
  • Rectification
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Commercial And Corporate [2017] ZAGPPHC 519

Blair Homeowner Association v City of Tshwane Metropolitan Municipality (2010/68226)

Blair Homeowner Association v City of Tshwane Metropolitan Municipality (2010/68226) [2017] ZAGPPHC 519; [2017] 4 All SA 344 (GP) (30 August 2017)

Court
North Gauteng High Court, Pretoria
Case number
2010/68226
Judge
Murphy

The court found that the language and purpose of clause 6.16.1 of the Engineering Services Agreement clearly intended to offer a quid pro quo for the plaintiff's assumption of duties normally performed by the municipality. The plaintiff constructed and maintains all internal and external engineering services, and the defendant only supplies bulk water. The reference to 'normal rate' in clause 6.16.1 is a reference to the bulk water supply rate (Rate 6) charged to other municipalities, not Scale D. Imposing Scale D would unjustly enrich the defendant and penalise the plaintiff and its resident…

Source excerpt

  • Contract Interpretation
  • Municipal Services Tariffs
  • Engineering Services Agreement
  • Bulk Water Supply
  • Rectification
  • Unjust Enrichment
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Civil Procedure [2015] ZAGPJHC 47

Ekurhuleni Metropolitan Municipality v VIP Consulting Engineers (Pty) Ltd and Another (2013/29145)

Ekurhuleni Metropolitan Municipality v VIP Consulting Engineers (Pty) Ltd and Another (2013/29145) [2015] ZAGPJHC 47 (6 March 2015)

Court
South Gauteng High Court, Johannesburg
Case number
2013/29145
Judge
Wright

The court held that the plaintiff's claim for damages had not prescribed. The plaintiff's cause of action for damages only became complete once it had cancelled the agreement with VIP and engaged replacement contractors, thereby establishing the cost of completing the works. The negative payment certificate and correspondence of 23 August 2010 did not render the debt immediately claimable, as the plaintiff was not yet in a position to quantify its damages or had not taken the necessary steps to mitigate its loss. The special plea of prescription was therefore dismissed, as VIP failed to prove…

Source excerpt

  • Prescription Act
  • Breach Of Contract
  • Damages Quantification
  • Engineering Services Agreement
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.