City of Johannesburg Metropolitan Municipality v Mir-Air Prop (Pty) Limited (2023/093920)
City of Johannesburg Metropolitan Municipality v Mir-Air Prop (Pty) Limited (2023/093920) [2024] ZAGPJHC 977 (1 October 2024)
The court found that the plaintiff's claim was not liquidated, as the quantum was based on estimated and disputed readings, and no actual supply of electricity was alleged or proven for the relevant period. The defendant provided detailed factual disputes supported by photographs and account statements, demonstrating that the property was vacant, supply was terminated, and meters showed zero or no consumption. The plaintiff failed to engage with these factual disputes and relied on internal policies and by-laws that could not override statutory requirements. The court held that section 102(2)…
Source excerpt
- Municipal Billing Dispute
- Liquidated Claims
- Summary Judgment
- Municipal Systems Act
- Meter Readings
- Prescription Of Claims