South Africa Case Law

Glen Life Development Company CC v Monaghan Farm Homeowners Association NPO and Another

Glen Life Development Company CC v Monaghan Farm Homeowners Association NPO and Another [2023] ZAGPPHC 519; 007217/2022 (23 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

007217/2022

Judge

Vivian

The High Court granted a mandatory interdict compelling estate access so the purchaser could show the property and pursue financing to complete the sale.

• Access Control In Gated Estates
• Wrongful Interference With Contract
• Mandatory Interdict
• Lis Alibi Pendens
• Non Joinder
• Proper Service

Pienaar v Silver Lakes Homeowners Association (A507/2017; 7667/2014)

Pienaar v Silver Lakes Homeowners Association (A507/2017; 7667/2014) [2020] ZAGPPHC 422 (11 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

A507/2017; 7667/2014

Judges

Strijdom, Tlhapi, Wanless

The court found that the respondent, Silver Lakes Homeowners Association, was entitled to control access to the estate at designated control points, provided that residents and the local authority were not denied free access. The use of booms and biometric systems constituted controlled access, not denial of access. The appellant's challenge to the legality of structures on Erf 168 and 1471 failed, as the respondent produced approved building plans and the appellant had delayed raising objections. The court held that the municipality should have been joined as a party for relief sought regard…

Source excerpt

• Access Control In Gated Estates
• Building Plan Approval
• Non Joinder
• Contractual Rights Of Homeowners
• Public Vs Private Roads