Rabboni Centre Ministries v Multisand (Pty) Ltd and Others (2010/67006)
Rabboni Centre Ministries v Multisand (Pty) Ltd and Others (2010/67006) [2024] ZAGPPHC 427 (3 May 2024)
The court found that the applicant failed to establish grounds for rescission under Rule 42 or common law. The absence of the City of Tshwane as a party at the time of the original order did not render the order erroneously granted, as the municipality had no legal interest in the declaration of a public road over private property. The road in question was not intended to be municipal infrastructure but a common law servitude for public access. The applicant's reliance on justus error was not supported by the facts, as there was no mistake common to the parties that vitiated true consent. The…
Source excerpt
- Public Road Declaration
- Servitude Of Right Of Way
- Rescission Of Judgment
- Justus Error
- Municipal Infrastructure
- Rule 42 Application