Mercedes Benz South Africa (Pty) Ltd v Buffalo City Municipality (EL 1123/11, ECD 1956/11) [2012] ZAECELLC 19

20th November 2012

[1] The defendant, at the commencement of the hearing of the trial, brought an application in terms of Rule 33(4) of the Uniform Rules of Court, for the separation of certain questions of law which, it argued, could be conveniently decided before any evidence was led on the merits. The application was opposed by the plaintiff. I granted the application and the matter proceeded on the legal questions which are set out below. It is necessary to first refer to the pleadings from which these issues arise.