South Africa Case Law

Breakers Share Block Ltd v EThekwini Municipality (9378/2013)

Breakers Share Block Ltd v EThekwini Municipality (9378/2013) [2015] ZAKZDHC 58 (27 July 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

9378/2013

Judge

Mbatha

The court held that the proper interpretation of clause 6(b) of the relevant leases, read with the Umhlanga Rocks Township Scheme No. 1, requires the calculation of rental to be based on the total floor area of the buildings constructed upon the leased property, excluding the area of all public access corridors, public stairways, and public entrances or hallways. The court found that the wording change from 'defined' to 'calculated' in the leases indicated a shift in intention, aligning with the Scheme's provisions for residential buildings. The general definition of 'floor area' in the Schem…

Source excerpt

• Lease Interpretation
• Municipal Rental Calculation
• Town Planning Scheme
• Floor Area Definition