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South Africa Case Law

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Land And Property [2003] ZASCA 141

First Rand Bank Ltd. v Body Corporate of Geovy Villa (671/2002)

First Rand Bank Ltd. v Body Corporate of Geovy Villa (671/2002) [2003] ZASCA 141; [2004] 1 All SA 259 (SCA); 2004 (3) SA 362 (SCA) (28 November 2003)

Court
Supreme Court of Appeal
Case number
671/2002
Judges
Harms, Scott, Navsa, Cloete, Heher

The Supreme Court of Appeal held that the provisions of section 15B(3)(a)(i)(aa) of the Sectional Titles Act do not create a preference for the body corporate over the mortgagee for purposes of execution under section 66(2) of the Magistrates' Courts Act. Embargo provisions give the body corporate a right to resist transfer until arrears are paid, but do not constitute a claim ranking in priority to a mortgage bond. The Legislature did not expressly elevate the body corporate's claim above that of the mortgagee, and the extraordinary consequences of such an interpretation were considered and…

Source excerpt

  • Sectional Titles Act
  • Preferent Creditor
  • Mortgage Bond Priority
  • Embargo Provisions
  • Magistrates Courts Act
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Land And Property [2000] ZASCA 50

Eastern Metropolitan Substructure of the Greater Johannesburg Transitional Metropolitan Council v Venter NO (334/98)

Eastern Metropolitan Substructure of the Greater Johannesburg Transitional Metropolitan Council v Venter NO (334/98) [2000] ZASCA 50; 2001 (1) SA 360 (SCA) ; [2001] 1 All SA 51 (A) (29 September 2000)

Court
Supreme Court of Appeal
Case number
334/98
Judges
Farlam, Nienaber, Zulman, Streicher, Melunsky

The Supreme Court of Appeal held that the appellant was entitled, under section 50 of the Local Government Ordinance, to demand payment of all outstanding charges, including rezoning fees, water and sewerage charges, as a precondition for issuing clearance certificates for the transfer of property in liquidation. The court rejected the respondent's argument that only 'taxes' as defined in section 89(5) of the Insolvency Act could be demanded, clarifying that embargo provisions apply to all specified charges, not just taxes. The amounts paid by the respondent, except for sundries, were due and…

Source excerpt

  • Municipal Clearance Certificates
  • Insolvency Distribution
  • Embargo Provisions
  • Preferent Claims
  • Condictio Indebiti
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.