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South Africa Case Law

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Civil Procedure [2025] ZAKZDHC 23

Body Corporate Camarque v Singh and Another (D5012/2024)

Body Corporate Camarque v Singh and Another (D5012/2024) [2025] ZAKZDHC 23 (29 April 2025)

Summary judgment was refused in a body corporate levy dispute because the defendants raised a bona fide defence on quantum and the claim was inadequately supported.

  • Summary Judgment
  • Sectional Title Scheme Management Act
  • Arrear Levies
  • Community Schemes Ombud Service
  • Quantum Dispute
  • Summary-judgment
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Administrative Law [2024] ZAGPPHC 60

Ndobela v Community Schemes Ombud Service and Another (060240/2022)

Ndobela v Community Schemes Ombud Service and Another (060240/2022) [2024] ZAGPPHC 60 (29 January 2024)

The High Court dismissed a second review application against the Community Schemes Ombud Service, holding that issue estoppel applied and condonation for late filing was not justified.

  • Promotion Of Administrative Justice Act
  • Res Judicata
  • Issue Estoppel
  • Condonation For Late Filing
  • Community Schemes Ombud Service
  • Administrative-law
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Civil Procedure [2022] ZAGPJHC 648

Orkin v Bellissimo Homeowners Association (RF) NPC and Another (2020/12341)

Orkin v Bellissimo Homeowners Association (RF) NPC and Another (2020/12341) [2022] ZAGPJHC 648 (6 September 2022)

The court held that the applicant was entitled to bring the urgent spoliation application on 2 June 2020 to restore possession and access to the premises, as the respondents had deprived her of these rights without due process. The subsequent CSOS award in favour of the respondents did not retrospectively affect the applicant's entitlement to costs, as the application was properly brought at the time. The respondents, through their attorneys, undertook to pay the reserved costs of the urgent application, and both respondents are bound by this undertaking. The fact that the matter was not plac…

  • Spoliation
  • Costs Award
  • Community Schemes Ombud Service
  • Possession
  • Urgent Application
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Land And Property [2022] ZAGPPHC 46

Wingate Body Corporate v Pamba and Another (33185/2021)

Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022)

The High Court dismissed a body corporate’s urgent interdict application, holding that the dispute should first have gone to CSOS and that urgency was not shown.

  • Sectional Title Schemes Management Act
  • Community Schemes Ombud Service
  • Jurisdiction Of High Court
  • Final Interdict
  • Urgency
  • Internal Remedies Exhaustion
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Civil Procedure [2019] ZAGPPHC 936

Molatoli v Silverstone Home Owners Association and Others (65974/2019)

Molatoli v Silverstone Home Owners Association and Others (65974/2019) [2019] ZAGPPHC 936 (20 September 2019)

The High Court struck an urgent application from the roll for lack of urgency and ordered the applicant to pay wasted costs.

  • Urgency
  • Rule 6 12
  • Spoliation
  • Community Schemes Ombud Service
  • Costs Order
  • Rule-6-12
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