Bogatsu and Another v 108 on 8th Street Homeowners Association (A2022/037938)
Bogatsu and Another v 108 on 8th Street Homeowners Association (A2022/037938) [2024] ZAGPJHC 611 (28 June 2024)
The appeal was dismissed as all grounds advanced by the appellants were found to be without merit. The court held that section 38(1) of the CSOS Act does not exclude the jurisdiction of the Magistrate Court, but rather provides an alternative forum at the election of the parties. The respondent established its locus standi through its constitution and evidence of registration, which was admitted by the appellants in their pleadings and testimony. The defence of lis alibi pendens failed as the relief sought in the CSOS application differed from the present claim. The respondent's constitution…
Source excerpt
- Homeowners Association
- Locus Standi
- Jurisdiction Of Magistrates Court
- Lis Alibi Pendens
- Levy Imposition
- Constitution Adoption