Parisan Express Trading 101 Inc v Monte Villas Body Corporate (A214/16, A213/16) [2017] ZAGPPHC 824 (5 May 2017)

Parisan Express Trading 101 Inc v Monte Villas Body Corporate (A214/16, A213/16) [2017] ZAGPPHC 824 (5 May 2017)

The court found that the appellant's opposing affidavit did not disclose a bona fide defence to the respondent's claim for arrear levies. The allegations of pending litigation were irrelevant, as the previous matters concerned different periods and causes of action. The appellant failed to provide prima facie evidence of payments to the municipality or disputes regarding the lawfulness of the charges. The defence of lis pendens was not properly raised or applicable. The appellant did not address the annexures justifying the amount claimed. Condonation for late prosecution of the appeal was granted due to the attorney's personal circumstances, but the appeal itself was dismissed as the...

Citation
[2017] ZAGPPHC 824
Parties
Appellant: Parisan Express Trading 101 Inc; Appellant: Lesedi Trading 102; Respondent: Monte Villas Body Corporate
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2017
Case Number
A214/16, A213/16
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment in Magistrate's Court
Outcome
Appeal dismissed with costs; condonation for late prosecution of the appeal granted.
Judges
Makhubele, De Vos
Legal Topics
Summary Judgment, Sectional Title Scheme, Levy Collection, Lis Pendens, Condonation of Late Appeal
Civil Procedure Land and Property Summary Judgment Sectional Title Scheme Levy Collection Lis Pendens Condonation of Late Appeal

Case Brief

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Parties

Parisan Express Trading 101 Inc

Appellant

Lesedi Trading 102

Appellant

Monte Villas Body Corporate

Respondent

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment in Magistrate's Court

Legal Issues

  1. 1 Whether the appellant's opposing affidavit disclosed a bona fide defence to resist summary judgment.
  2. 2 Whether the defence of lis pendens was properly raised and applicable to the respondent's claim.
  3. 3 Whether condonation for late prosecution of the appeal should be granted.

Ratio Decidendi

The court found that the appellant's opposing affidavit did not disclose a bona fide defence to the respondent's claim for arrear levies. The allegations of pending litigation were irrelevant, as the previous matters concerned different periods and causes of action. The appellant failed to provide prima facie evidence of payments to the municipality or disputes regarding the lawfulness of the charges. The defence of lis pendens was not properly raised or applicable. The appellant did not address the annexures justifying the amount claimed. Condonation for late prosecution of the appeal was granted due to the attorney's personal circumstances, but the appeal itself was dismissed as the...

Court Disposition

Appeal dismissed with costs; condonation for late prosecution of the appeal granted.

Orders

  • Condonation is granted to the appellant for non-compliance with the Uniform Rules of Court regarding timeous prosecution of the appeal.
  • The appellant is ordered to pay the costs of the application for condonation on an unopposed basis.