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South Africa decisions
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DBM Property Investments (Pty) Ltd v City of Johannesburg Metropolitan Municipality (2022/047685) [2024] ZAGPPHC 268 (14 March 2024)
The High Court held that DBM Property Investments could recover an excess municipal payment made in error under condictio indebiti.
TUHF Ltd v 28 Esselen Street Hillbrow and Others (7843/20) [2022] ZAGPJHC 363 (27 May 2022)
The court found that the applicant failed to establish a trigger event of default under the loan agreement. The alleged breaches regarding municipal charges, electrical and fire safety certificates, and tenant accounts were either subject to genuine disputes of fact, not due and payable, or not supported by the evidence. The respondent's version was accepted in accordance with the Plascon Evans rule. The applicant's insistence on foreclosure and acceleration, despite the respondents meeting monthly loan repayments and ongoing litigation with the City of Johannesburg over municipal accounts, w…
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Adendorff and Another v Theewaterskloof Municipality (A220/2018) [2019] ZAWCHC 95 (10 May 2019)
High Court appeal against refusal of rescission succeeded. The court set aside default judgments and held the appellants raised defences fit for trial.
Waterval Islamic Institute and Others v Johannesburg City Parks and Zoo and Others (41930/16) [2018] ZAGPJHC 90 (20 April 2018)
The court found that the applicants failed to establish a valid cancellation of the lease agreement. The obligation to pay rates and taxes under clause 7 rested on the existence of a debt, which was not established due to administrative errors and miscategorisation of the property. The City of Johannesburg corrected the error by writing off the debt, resulting in no amount being due. The applicants did not prove that the respondents accepted the cancellation or were estopped from disputing its validity. The respondents' conduct, including seeking indulgence and ceasing rental payments, did no…
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Stuart NO v City of Tshwane Metropolitan Municipality (55891/2015) [2016] ZAGPPHC 1145 (27 October 2016)
The court ordered Tshwane to issue a clearance certificate for estate property, finding the municipality had not proved the alleged outstanding levies.
Buttertum Property Letting (Pty) Ltd v Dihlabeng Local Municipality (A260/2015) [2016] ZAFSHC 157; [2016] 4 All SA 895 (FB) (22 September 2016)
The appeal succeeded because the founding affidavit supporting the summary judgment application failed to verify the separate causes of action underlying the claim, as required by the Magistrates' Courts Rules. The respondent's deponent merely 'confirmed' the action stated in the summons, which is insufficient; the rules require verification of the cause of action and the amount claimed. The respondent's claim comprised multiple causes of action (rates, taxes, municipal services), but these were not separately pleaded or verified. Technical defects in the application cannot be cured by the ab…
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Koster, Berdy Swartruggens Tax Payers Association v Kgetleng Rivier Local Municipality (CIVAPP5/2016) [2016] ZANWHC 38 (17 June 2016)
The High Court held that the municipality’s authority challenge had to be brought under Rule 7, but that the notice Act and PAJA points were wrongly upheld.
Dihlabeng Local Municipality v Golden Circle Investments 102 (Pty) Ltd (5252/2013) [2014] ZAFSHC 102 (9 June 2014)
Summary judgment was granted for unpaid municipal rates and service charges. The court rejected reliance on a shareholder’s personal counterclaim as a company defence.
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