Restaurant takes fight over 40 parking bays to court
It is knives out in a legal fight between a restaurant and a developer, as the two battle it out in the Western Cape High Court over 40 parking bays at the upmarket waterfront Tyger Lake complex in Cape Town.
BOSSA Tyger Lake and its landlord headed to court to enforce their claim to the parking bays for their diners, arguing they constituted a binding municipal zoning condition dating back to 1996, reports News24.
According to zoning conditions confirmed by the City of Cape Town in 2025, restaurants in the complex must provide one parking bay for every three seats. For BOSSA Tyger Lake, that equals 40 bays.
The restaurant historically had access to a pool of around 40 visitor bays, but that changed in October 2024 when the original developer sold a batch of parking sections to Capitalgro under a sale agreement.
Capitalgro then leased 25 bays and sold another three to third parties for exclusive use, reducing the pool of visitor parking.
The restaurant now says it is operating in breach of municipal requirements through no fault of its own, and has asked the court to force the body corporate and owner to release more parking to it.
Capitalgro said the court could not decide on the bays until it had a chance to inform the third parties that leased them of the court proceedings.
Acting Judge Ashley Kantor agreed and postponed the case to allow the restaurant to contact the third-party lessees and owners who have rights to the parking, so as to give them the chance to file papers in the case.
He decided that those who did not respond would be deemed to accept the court’s eventual ruling.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





