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South Africa Case Law

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Civil Procedure [2021] ZANCHC 45

Scarliweb (Pty) Ltd t/a Cooling Solution Projects and Another v Sdtrade (Pty) Limited and Others (1953/2020)

Scarliweb (Pty) Ltd t/a Cooling Solution Projects and Another v Sdtrade (Pty) Limited and Others (1953/2020) [2021] ZANCHC 45 (10 September 2021)

Court
Northern Cape High Court, Kimberley
Case number
1953/2020
Judge
Mamosebo

The court found that the adjudicator's award was sufficient to resolve the dispute regarding payment entitlement and that the parties were bound by it. The absence of quantified amounts did not render the order defective, as the actual figures could be found in the parties' records and certificates. The applicant's argument that amplification of the papers or amendment of the notice of motion was required was rejected as unsubstantiated. The grounds for leave to appeal were considered and found to lack reasonable prospects of success. Accordingly, the application for leave to appeal was dismi…

Source excerpt

  • Leave To Appeal
  • Adjudicator Award
  • Quantification Of Claim
  • Rule Nisi
  • Costs Order
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Land And Property [2018] ZAGPJHC 669

Waterfall Hills Residents Association NPC v Jordaan and Another (A3140/2018)

Waterfall Hills Residents Association NPC v Jordaan and Another (A3140/2018) [2018] ZAGPJHC 669 (12 November 2018)

Court
South Gauteng High Court, Johannesburg
Case number
A3140/2018
Judges
Windell, C Reyneke

The court found that the adjudicator erred in granting relief against the Association, as no relief was sought against it. The appeal was upheld on that basis. Regarding the cross appeal, condonation for late filing was granted as the interests of justice required that the first respondent not be left without a remedy due to procedural error. On the merits, the court held that the koi pond was not a 'small water feature' as contemplated by the Landscaping Rules and its installation was therefore contrary to those rules. Furthermore, the court accepted the adjudicator's factual finding that th…

Source excerpt

  • Community Schemes Ombud Service Act
  • Nuisance
  • Interpretation Of Rules
  • Condonation
  • Adjudicator Award
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.