Lulaway Holdings (Pty) Ltd v City Of Ekurhuleni Metropolitan Municipality (39617/2019) [2023] ZAGPJHC 1267 (6 September 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 1267 | Noteup | LawCite sino index ## Lulaway Holdings (Pty) Ltd v City Of Ekurhuleni Metropolitan Municipality (39617/2019) [2023] ZAGPJHC 1267 (6 September 2023) Lulaway Holdings (Pty) Ltd v City Of Ekurhuleni Metropolitan Municipality (39617/2019) [2023] ZAGPJHC 1267 (6 September 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1267.html sino date 6 September 2023 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO : 39617/2019 DATE : 06-09-2023 In the matter between LULAWAY HOLDINGS (PTY) LTD Plaintiff And CITY OF EKURHULENI METROPOLITAN MUNICIPALITY Defendant J U D G M E N T WANLESS AJ This morning, being Wednesday the 6 th of September 2023, this Court was advised that the Defendant was making an application for absolution from the instance at the end of the Plaintiff’s case.  Arising therefrom, this Court has heard full argument from both Counsel in this matter and has had the opportunity to consider same.  It is not the intention of this Court, in any manner whatsoever, to attempt to give a detailed judgment in respect of the ruling which this Court will now deliver, nor is it desirable, in the opinion of this Court, to attempt to do same.  In that regard, this Court will again emphasise that it has had the opportunity not only to have the benefit of Counsels’ argument, but also, in one instance, Heads of Argument (from the Plaintiff’s Counsel) and also the benefit of being referred, by both Counsel, to the various authorities and principles which are applicable to applications of this nature. Of course, the test to be applied to an application of this nature, that being absolution from the instance at the end of the Plaintiff’s case, is fairly trite and, once again, will not be repeated simply for the purposes of burdening the record of these proceedings.  Having considered all of the above and, in particular, having considered the evidence placed before this Court at this stage, this Court is satisfied that there is indeed evidence before this Court upon which this Court, applying its mind reasonably to such evidence, could or might (not should, or ought) find for the Plaintiff in this matter. In the premises, this Court makes the following order: 1. The Defendant’s application for absolution from the instance at the end of the Plaintiff’s case is dismissed. 2. The Defendant is to pay the costs of the application as set out in paragraph 1 hereof. - - - - - - - - - - - - WANLESS  AJ ACTING JUDGE OF THE HIGH COURT DATE :  6 November 2023 (revised) sino noindex make_database footer start