Fire Wings Properties 21 (PTY) Ltd v Sunrise Technologies (PTY) Ltd and Others (2020/16177)
Fire Wings Properties 21 (PTY) Ltd v Sunrise Technologies (PTY) Ltd and Others (2020/16177) [2022] ZAGPJHC 750 (27 September 2022)
The court found that the defence of lis alibi pendens was not available to the first respondent because the applicant was not a party to the other pending litigation, and the requirements for the defence were not met. The advertising sign was held to be illegal as it contravened the City of Johannesburg Outdoor Advertising By-laws, lacking both approval and exemption, and being situated too close to the intersection. The court rejected the argument that the City’s transitional period or 'moratorium' on enforcement prevented the applicant from seeking relief, holding that the By-laws remained…
Source excerpt
- Outdoor Advertising By Laws
- Illegal Structure
- Locus Standi
- Lis Alibi Pendens
- Municipal Regulation