Abraham and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) (7124/12)
Abraham and Another v Mount Edgecombe Country Club Estate Management Association Two (RF) (NPC) (7124/12) [2014] ZAKZDHC 36 (17 September 2014)
The court held that the respondent's pet control rule, which prohibits dogs exceeding 20kg unless of a non-aggressive breed, is contractually binding and does not confer a general discretion to grant exceptions. The only discretion available is in truly exceptional cases, such as guide dogs for the blind, to avoid unreasonable or discriminatory outcomes. The applicants failed to demonstrate any extraordinary circumstances warranting an exception. The respondent's refusal was not procedurally unfair, as the applicants were given an opportunity to make submissions and were granted additional ti…
Source excerpt
- Homeowners Association Rules
- Contractual Interpretation
- Pet Control
- Procedural Fairness
- Equality Rights