South Africa Case Law

Kudung Communal Property Association and Others v First National Bank and Others (2023/055816)

Kudung Communal Property Association and Others v First National Bank and Others (2023/055816) [2024] ZAGPJHC 338 (10 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/055816

Judge

S D J Wilson

The court held that the 20 January 2024 meeting was the required AGM, the executive committee election was valid for present purposes, and the interim interdict lapsed.

• Interim Interdict
• Rule Nisi
• Communal Property Association Management
• Annual General Meeting
• Executive Committee Election
• Interim-interdict

Babatas Communal Property Association v Lebatlang and Others (957/2019)

Babatas Communal Property Association v Lebatlang and Others (957/2019) [2019] ZANCHC 51 (4 October 2019)

Court

Northern Cape High Court, Kimberley

Case number

957/2019

Judge

Pakati

The court found that the applicants were validly elected as the executive committee of the Babatas Communal Property Association at the meeting held on 20 January 2018, as confirmed by the MEC and the Department of Rural Development and Land Reform. The respondents failed to challenge the endorsement through appeal or review, rendering the decision legally effective. The alleged dispute of fact raised by the respondents was a bare denial without factual foundation and did not preclude final relief. The second applicant was properly authorised to act on behalf of the CPA. The freezing of the C…

Source excerpt

• Communal Property Association Act
• Interim Interdict
• Executive Committee Election
• Bank Account Access
• Dispute Of Fact
• Legal Standing