Knowe Residents and Rate Payers Association v Eddies Pfugari (Private) Limited and Edward Nyany Iwa and Norton Town Council

Key Issues

• {"issue_text":"Whether claim prescribed under three-year prescription period","issue_type":"procedural","dispositive":"no","related_facts":"No time limits in permits; ongoing obligations; 2015 correspondence"}
• {"issue_text":"Whether applicant should have used action rather than application procedure","issue_type":"procedural","dispositive":"no","related_facts":"No material disputes of fact"}
• {"issue_text":"Whether second respondent properly cited in personal capacity","issue_type":"procedural","dispositive":"no","related_facts":"Sole director responsible for administrative affairs"}
• {"issue_text":"Whether specific performance should be granted for breach of contract","issue_type":"mixed","dispositive":"yes","related_facts":"Full payment made; no substantial performance; inflation not preventing earlier performance"}

Background