Judgment No. SC 54/2018
Case No. SC 228/14
(a) if he shall have failed to pay any sum which in the opinion of the Council
is due under these conditions or the Water Bye-laws;
(b) ….;
(c) ….;
(d) …. .”
The inclusion of this provision in the standard form contract as opposed to the
Bye-laws is an issue that appears to have escaped both parties as well as the court a quo in
their continual references to the Bye-laws without regard to the contract annexed thereto.
Nevertheless, in terms of clause 1 of the contract:
“The Bye-laws and Regulations of the Council from time to time applicable to the
supply of water shall be deemed to be incorporated in and form part of this
agreement.”
Thus, the Bye-laws and the contract must properly be read together as a single
composite instrument. Consequently, I do not think that the distinction between them is of
any particular significance in determining the grounds of appeal herein.
The original 1913 Bye-laws were framed under the provisions of s 19 of the
Salisbury Water and Electricity Supply and Loan Ordinance 1911 (No. 10 of 1911). That
section, in its relevant portions, provided as follows:
“The Council may from time to time make, alter and revoke bye-laws for all or any
of the following purposes in connection with the supply or use of water from the
Council’s or their authorised contractors’ works or anything incidental or relating
thereto, namely :(1) ….;
(2) ….;
(3) ….;
(4) as to ordinary and extraordinary supply and agreements relating thereto,
and tariff of charges or fees;
(5) ….;
(6) as to fixing and using of meters or anything relating thereto;
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