Incasa Body Corporate v Rise Property Solution and Others (B5673/2023) [2023] ZAGPPHC 1831 (23 October 2023)
Court
North Gauteng High Court, Pretoria
Case number
B5673/2023
Judge
Swanepoel
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.
Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021) [2022] ZAWCHC 61 (28 April 2022)
Court
Western Cape High Court, Cape Town
Case number
13312/2021
Judge
Rogers
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…
Lechinzo v Bridgetown Body Corporate (29934/12) [2012] ZAGPJHC 272 (12 October 2012)
Court
South Gauteng High Court, Johannesburg
Case number
29934/12
Judge
Dodson AJ
The court appointed an administrator for a dysfunctional sectional title body corporate after finding deadlock, invalid opposition, and serious management problems.
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)
Court
Kwazulu-Natal High Court, Durban
Case number
2907/10, 9768/10
Judge
Wallis
High Court ruling on sectional title lift costs, trustee removal, voting disqualification, and an application to appoint an administrator.