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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 508

Infinity IP (Pty) Ltd and Others v Body Corporate Of Living Moad and Others (2025/059253)

Infinity IP (Pty) Ltd and Others v Body Corporate Of Living Moad and Others (2025/059253) [2025] ZAGPJHC 508 (26 May 2025)

The High Court struck an urgent application for lack of urgency, finding the applicants failed to meet Rule 6(12) and Luna Meubel requirements.

  • Urgent Interdict
  • Body Corporate Management
  • Curator Ad Litem
  • Building Regulations
  • Conflict Of Interest
  • Urgent-application
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Civil Procedure [2023] ZAGPPHC 1831

Incasa Body Corporate v Rise Property Solution and Others (B5673/2023)

Incasa Body Corporate v Rise Property Solution and Others (B5673/2023) [2023] ZAGPPHC 1831 (23 October 2023)

The High Court dismissed an urgent interdict application by a purported body corporate for lack of locus standi, non-joinder, and no factual basis for relief.

  • Urgent Interdict
  • Locus Standi
  • Joinder Of Parties
  • Body Corporate Management
  • Urgent-interdict
  • Locus-standi
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Land And Property [2022] ZAWCHC 61

Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021)

Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021) [2022] ZAWCHC 61 (28 April 2022)

The court found, on a balance of probabilities, that the right to exclusive use of parking bay 19, originally allocated to Unit 11 by the 1983 rules, was subsequently transferred by the owner of Unit 11 to the owner of Unit 7, either expressly or tacitly. This conclusion was supported by decades of consistent use, payment of levies by Unit 7's owners, and the absence of any claim or use by Unit 11's owners. The court held that the formalities in rule 73(6) are post-disposal procedures and not prerequisites for a valid transfer. The allocation in the rules may cease to be applicable where the…

  • Sectional Title Rules
  • Exclusive Use Rights
  • Servitude Transfer
  • Prescription Act
  • Body Corporate Management
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Land And Property [2012] ZAGPJHC 272

Lechinzo v Bridgetown Body Corporate (29934/12)

Lechinzo v Bridgetown Body Corporate (29934/12) [2012] ZAGPJHC 272 (12 October 2012)

The court appointed an administrator for a dysfunctional sectional title body corporate after finding deadlock, invalid opposition, and serious management problems.

  • Sectional Titles Act
  • Appointment Of Administrator
  • Body Corporate Management
  • Deadlock And Maladministration
  • Quorum And Meeting Requirements
  • Sectional-titles-act
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Land And Property [2010] ZAKZDHC 39

Herald Investments Share Block (Proprietary) Limited and Others v Meer and Others (2907/10, 9768/10)

Herald Investments Share Block (Proprietary) Limited and Others v Meer and Others (2907/10, 9768/10) [2010] ZAKZDHC 39; 2010 (6) SA 599 (KZD) ; [2011] 2 All SA 103 (KZD) (14 September 2010)

High Court ruling on sectional title lift costs, trustee removal, voting disqualification, and an application to appoint an administrator.

  • Sectional Titles Act
  • Exclusive Use Rights
  • Body Corporate Management
  • Levy Liability
  • Trustee Removal
  • Appointment Of Administrator
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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.