Achuko v Rozanne Close Body Corporate and Others (2023/05508) [2024] ZAGPJHC 323 (28 March 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/05508
Judges
Makume, Wadee
The High Court dismissed an appeal against a CSOS adjudication, holding that a body corporate resolution to pass bank charges on to unit owners was binding.
Ncala v Park Avenue Body Corporate (A3029/2019) [2023] ZAGPJHC 390 (28 April 2023)
Court
South Gauteng High Court, Johannesburg
Case number
A3029/2019
Judges
T Ossin, MMP Mdalana-Mayisela
The court held that it does not have a general power to condone non-compliance with the statutory time period for appeals under section 57(2) of the Community Scheme Ombud Service Act, nor does section 57(2) contain an implied power to condone late appeals. The appellant failed to provide a satisfactory explanation for the delay in seeking condonation and did not demonstrate reasonable prospects of success on the merits. The relief sought by the appellant, including declarations of constitutional infringements and orders for reasonable accommodation, was found to be incompetent under the Act,…