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[2017] ZAGPPHC 201
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Tshwane Business and Agriculture Corporation NPC v City of Tshwane Municipality (25406/17) [2017] ZAGPPHC 201 (11 April 2017)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA,
GAUTENG
DIVISION,
PRETORIA
CASE
NO: 25406/17
DATE:
11/4/2017
REPORTABLE
OF
INTEREST TO OTHER JUDGES
In the
matter between:
TSHWANE
BUSINESS
&
AGRICULTURAL
RESPONDENT
CORPORATION
NPC
and
CITY
OF TSHWANE MUNICIPALITY
APPLICANT
JUDGMENT
AND ORDER -11 April
2017
WRIGHT J
1. This
judgment follows on my judgment and order of 7 April 2017. The
applicant did not file a supplementary affidavit as invited
in my
order of 7 April 2017. Instead, it filed a replying affidavit after
the answering affidavit had been filed. This means that
there is new
matter in the replying affidavit. The respondent needs time to search
its archives to look for a final demand sent
during or about August
2016. In my view it would be unfair not to afford the respondent an
opportunity to place this demand before
the court. In the
interim the rule must be extended because notice by the respondent
appears, on the papers before me to
have been inadequate. There is
nothing to stop the respondent from delivering a fresh final demand
notice if it wishes to do
so.
Order
1.
The rule nisi is extended to 28 June 2017.
2.
The respondent may file a supplementary answering affidavit by 4pm on
19 May 2017.
3.
The applicant may file a supplementary replying affidavit by 4pm on
26 May 2017.
4.
Costs reserved.
5.
Nothing in this order prevents the respondent from at any time
serving a final demand on the applicant if it
wishes to do so.
GCWRIGHT
J
JUDGE
OF THE HIGH COURT,
GAUTENG
DIVISION,
PRETORIA