Arewa v City of Johannesburg Metropolitan Municipality (2017/40710)
Arewa v City of Johannesburg Metropolitan Municipality (2017/40710) [2018] ZAGPJHC 668 (13 November 2018)
The court found that the applicant paid the clearance amount under protest to obtain the necessary certificate for transfer of the property. The respondent had previously vetted the account and provided a lower figure, which was paid, and subsequent monthly accounts did not support the much higher clearance figure demanded. The respondent failed to discharge its onus to prove the correctness of its accounts and did not account for all payments received from the applicant. Furthermore, any charges older than three years had prescribed and could not be included in the clearance amount. The appl…
Source excerpt
- Municipal Clearance Certificates
- Condictio Indebiti
- Payment Under Protest
- Prescription Of Charges
- Onus Of Proof On Municipality