Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg (A5052/2015)
Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg (A5052/2015) [2016] ZAGPPHC 548 (17 June 2016)
The municipality failed to discharge the onus of proving the accuracy of the contentious water meter, as the prescribed test for the meter was not conducted. The agreements under which the appellant paid the disputed amounts expressly reserved its rights and did not constitute admissions of liability. The appellant was entitled to a refund of overpayments, calculated based on reasonable estimates of actual water consumption, as the respondent did not challenge the methodology or figures presented. The appeal was upheld, and the respondent was ordered to pay the appellant the sum of R8,124,950…
Source excerpt
- Municipal Services Charges
- Water Meter Accuracy
- Onus Of Proof
- Payment Under Protest
- Refund Of Overpayment