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Chop Chop Connections (Pty) Ltd v Walker and Others (2200/2022) [2024] ZAFSHC 33 (1 February 2024)
The High Court dismissed a sectional title encroachment application after finding the applicant lacked locus standi for non-compliance with section 9 of the Act.
Glen v Villa Medici Body Corporate (2023-031845) [2023] ZAGPJHC 314 (12 April 2023)
The High Court granted a spoliation order restoring access to an exclusive use area after the body corporate changed locks and removed the applicant’s belongings.
Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009) [2010] ZASCA 78; [2010] 4 All SA 282 (SCA) (28 May 2010)
The Supreme Court of Appeal held that the developer's right of extension over the plant area was reserved specifically for the benefit of section 401, as reflected in the registered plans and documents. The developer was not entitled to transfer or cede this right to any person other than the owner of section 401, nor to incorporate the plant area into another section. The court found that financial considerations alone did not constitute 'changed circumstances' justifying deviation from the terms of the reservation. The developer's attempt to transfer the right to the seventh respondent was…
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