Judge dismisses ‘eccentric’ bid

A High Court Judge in Pretoria has thrown out an “eccentric” bid by an alleged illegal bistro in popular Hazelwood in Pretoria to stop litigation aimed at closing down 16 restaurants in the area.

Atterbury Property Holdings, the Club Retail Park, a private home owner and a group of legal businesses in Hazelwood have been embroiled in a lengthy legal battle to close down 16 alleged illegal restaurants in the area.

They allege the landlord, Tytlos Properties, allows the restaurants and businesses to operate unlawfully and are building illegally on the properties without approved plans.

The applicants want to interdict the restaurants from continuing their business activities and force the Tshwane municipality to take steps to enforce the provisions of the applicable legislation.

One of the restaurants, Culture Club, launched a counter-application seeking relief aimed at stopping the main application.

Culture Club even insisted the mayor should have been a respondent and that the applicants’ attorney was not authorised to represent them.

Judge Neil Tuchten not only dismissed Culture Club’s application, but also granted a punitive costs against it and Salt Restaurant, which supported the counter-application.

He described the application as “eccentric”

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