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South Africa decisions
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Petra Nera Body Corporate v Sekgala (2017/8951) [2020] ZAGPJHC 195 (26 August 2020)
The court granted provisional sequestration after finding substantial unpaid levies and municipal charges, and rejected the respondent’s Rule 37A and due-and-payable objections.
Cedar Park Properties (Pty) Limited v City of Johannesburg Metropolitan Municipality and Others (2019/32229) [2019] ZAGPJHC 408 (8 October 2019)
The court found that the applicant failed to establish urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The applicant was aware of the respondents' intention to terminate water supply as early as August 2018 but did not act promptly to protect its rights. The delay in launching the urgent application was unexplained and unacceptable. The court held that the urgency was self-created and that the applicant did not pass the threshold for urgent relief. Consequently, the application was struck from the roll for lack of urgency, and costs were awarded to the respondents. The cou…
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