South Africa: Western Cape High Court, Cape Town Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Western Cape High Court, Cape Town >> 2010 >> [2010] ZAWCHC 429

| Noteup | LawCite

Steenkamp and Another v Knysna Local Minicipality and Another (24824/2009) [2010] ZAWCHC 429 (13 July 2010)

Download original files

PDF format

RTF format

IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)


CASE NUMBER: 24824/2009



DATE: 13 JULY 2010

In the matter between:

DIANE LOUISE STEENKAMP ….............................................................1st Applicant

NEIL DESMOND STEENKAMP ….........................................................2nd Applicant

and

KNYSNA LOCAL MUNICIPALITY …..................................................1st Respondent

MILLWOOD GARDENS t/a LEISURE GARDENS …..................2nd Respondent



JUDGMENT

(Application for leave to appeal)




N C ERASMUS. J



This is an application for leave to appeal against the judgment that I gave on 18 June 2010. Mr Bruwer. on behalf of the applicants furnished us with a full document giving notice of the application wherein he had set out all the grounds; only one ground mentioned in paragraph 33 was abandoned today. He also fully argued these grounds.




Mr Van der Merwe, on behalf of the respondents, opposed the application on the crisp points that the question must be whether the actions of the respondents, more particularly the second respondent was unreasonable objectively in the use of the property.



I have considered the application. I have again read portions of the record and the judgment, which as ex tempore, it was done overnight on the previous occasion that I have handed down. I do not deem it necessary to add anything to that judgment.



The application for leave to appeal to the Full Bench IS. REFUSED WITH COSTS.



N C ERASMUS. J