Moosa v Albemarle Court Share Block (Pty) Ltd and Others (AR390/2019, 9987/2014)
Moosa v Albemarle Court Share Block (Pty) Ltd and Others (AR390/2019, 9987/2014) [2020] ZAKZPHC 15 (22 May 2020)
The court held that the appellant failed to establish a legal right to the inside garage, as the swop agreement between previous shareholders was not registered and did not comply with the formalities required by the Share Blocks Control Act. The appellant accepted and used the outside garage for a significant period, and the evidence did not clarify the physical location of garage 28 at the time of her purchase. The rights acquired by the appellant could not exceed those held by her predecessor, and the swop agreement, though approved by the company, did not alter the share register or the a…
Source excerpt
- Share Blocks Control Act
- Exclusive Use Rights
- Declaratory Relief
- Allocation Of Parking
- Contract Formalities