Farmer loses P15.5m suit against Lobatse Council
Isaiah Morewagae | Tuesday May 13, 2014 11:17
Louis Herbst sued the council for damages claiming failure by the local authority to restore the flow of effluent to his property, failure to repair damaged roads by council as well as the council’s alleged failure to return pumps that Herbst said it removed from his property.
The marathon case began two years ago when Herbst took the town council to court for alleged breach of contract.
The facts of the matter are that in July 2004, Lobatse Town Council leased Herbst a farm measuring 40 hectares in Lobatse. The lease was for five years and was renewed for another five years in 2009.
In terms of the lease, the court heard, the Council was to afford Herbst a regular supply of between 1,800 and 2,200 cubic metres of effluent for irrigation of citrus fruit trees, fodder crops and nuts.
In his papers, Herbst claimed that in breach of the lease agreement, council terminated the supply of effluent in September 2009 by removing pumps that were installed at the property.
Herbst launched his initial court action with the Lobatse High Court but was dismissed by Justice Mercy Garekwe last May. He then approached Court of Appeal, which also upheld Garekwe’s decision.
On behalf of the council, its mayor had argued that Herbst’s claim was out of time, which the Court of Appeal agreed with.
In upholding Garekwe’s decision, CoA judges said Herbst’s cause of action accrued at the time of the breach and the computation of the two years had expired as the proceedings were instituted when calculated from September 2009.
CoA president Ian Kirby, Justice Isaac Lesetedi and Justice Elijah Gaongalelwe heard the case.