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South Africa decisions
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Body Corporate of Merriman Court and Others v Greeff (A212/2022) [2024] ZAWCHC 47; 2024 (3) SA 509 (WCC) (13 February 2024)
The High Court held that the respondent failed to prove the resolutions required to extend a sectional title unit onto common property and dismissed the application.
Essack N.O v Thangavelu (D9022/2007) [2023] ZAKZDHC 26 (27 March 2023)
The court dismissed a claim to the exclusive use of parking bay P20, holding that no valid notarial cession had transferred the right to the applicant.
Trustees of Alessio Body Corporate v Cottle and Others (A38/2022) [2022] ZAWCHC 233; 2023 (4) SA 274 (WCC) (15 August 2022)
The court held that in the Western Cape Division, appeals under section 57(1) of the CSOS Act must be brought by way of notice of motion supported by affidavits, as established in The Avenues Body Corporate and Kingshaven. The appellant's use of a notice of appeal was procedurally incorrect and not permitted. The court is bound by the decisions in Avenues and Kingshaven unless they are shown to be wrongly decided, which was not the case here. As the appeal was not properly before the court, it was struck from the roll with costs, and the merits were not considered.
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Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021) [2022] ZAWCHC 61 (28 April 2022)
The court found, on a balance of probabilities, that the right to exclusive use of parking bay 19, originally allocated to Unit 11 by the 1983 rules, was subsequently transferred by the owner of Unit 11 to the owner of Unit 7, either expressly or tacitly. This conclusion was supported by decades of consistent use, payment of levies by Unit 7's owners, and the absence of any claim or use by Unit 11's owners. The court held that the formalities in rule 73(6) are post-disposal procedures and not prerequisites for a valid transfer. The allocation in the rules may cease to be applicable where the…
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Diaz Hotel and Resort (Proprietary) Limited v Body Corporate of the Vista Bonita Sectional Titles Scheme No SS 357/2008 and Another (15175/2019) [2021] ZAWCHC 180; [2021] 4 All SA 786 (WCC); 2022 (1) SA 175 (WCC) (31 August 2021)
The court held that the exclusive use rights to parking bays P64, P73, and P74, although currently vested in the body corporate by operation of section 27(1)(c) of the Sectional Titles Act, remain extant and have not been cancelled by valid resolution. The applicant acquired personal rights to these exclusive use areas through a binding sale agreement and addendum with the developer, and the omission to transfer these rights was a conveyancing error. The body corporate holds the rights in a custodial capacity and is obliged to cooperate in effecting transfer to the applicant, who is the regis…
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Moosa v Albemarle Court Share Block (Pty) Ltd and Others (AR390/2019, 9987/2014) [2020] ZAKZPHC 15 (22 May 2020)
The court held that the appellant failed to establish a legal right to the inside garage, as the swop agreement between previous shareholders was not registered and did not comply with the formalities required by the Share Blocks Control Act. The appellant accepted and used the outside garage for a significant period, and the evidence did not clarify the physical location of garage 28 at the time of her purchase. The rights acquired by the appellant could not exceed those held by her predecessor, and the swop agreement, though approved by the company, did not alter the share register or the a…
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Nuwater PTE Ltd and Another v Grahamtek Holdings Ltd and Another (7051/2016) [2016] ZAWCHC 113 (1 September 2016)
The High Court found the respondents’ website misrepresented their rights, history, and project involvement, amounting to unlawful competition and passing off.
Herald Investments Share Block (Proprietary) Limited and Others v Meer and Others (2907/10, 9768/10) [2010] ZAKZDHC 39; 2010 (6) SA 599 (KZD) ; [2011] 2 All SA 103 (KZD) (14 September 2010)
High Court ruling on sectional title lift costs, trustee removal, voting disqualification, and an application to appoint an administrator.
Essa NO and Another v Body Corporate of Kingsway House and Another; Body Corporate of Kingsway House and Another and Essa NO and Another (9931/2008) [2009] ZAKZHC 5 (20 February 2009)
The court referred a sectional-title dispute to trial and postponed a levy claim pending an administrator application, finding material factual disputes on the papers.
Kmatt Properties (Pty) Ltd v Sandton Square Portion 8 (Pty) Ltd and Another (06/21283) [2006] ZAGPHC 105; [2007] 3 All SA 256 (W); 2007 (5) SA 475 (W) (8 December 2006)
The court held that exclusive use parking rights under the agreement were to be reserved through section 27A management rules, not section 27(1) notarial cession.
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