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South Africa Case Law

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Land And Property [2014] ZAGPPHC 612

Mohlobuli and Another v Mogale City Municipality (13167/2013)

Mohlobuli and Another v Mogale City Municipality (13167/2013) [2014] ZAGPPHC 612 (15 August 2014)

Court
North Gauteng High Court, Pretoria
Case number
13167/2013
Judge
Bredenkamp IM

The court held that the municipality is only entitled to demand payment of municipal debts incurred during the two years preceding the application for a clearance certificate, as provided by section 118(1)(b) of the Local Government: Municipal Systems Act. The additional amount claimed by the respondent as historical debt falls outside the statutory period and cannot be enforced as a precondition for issuing the certificate. The applicants, having paid the required amount, are entitled to the clearance certificate. The court further noted that section 89 of the Insolvency Act limits the munic…

Source excerpt

  • Municipal Clearance Certificate
  • Historical Debt
  • Insolvent Estate Transfer
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Land And Property [2013] ZAGPPHC 167

Koka NO and Others v Willow Waters Home Owners Association (Pty) Ltd and Others (20361/12)

Koka NO and Others v Willow Waters Home Owners Association (Pty) Ltd and Others (20361/12) [2013] ZAGPPHC 167 (13 June 2013)

Court
North Gauteng High Court, Pretoria
Case number
20361/12
Judge
BAM

The court held that the right of the Home Owners Association to refuse consent for transfer of property due to unpaid levies and penalties is a personal right, not a real right. This right does not result in a subtraction from the dominium of the property and binds only the present owner, not successors in title. The protection afforded to bodies corporate under the Sectional Titles Act does not extend to home owners associations, and the claim for outstanding levies does not constitute a preferent claim under section 89 of the Insolvency Act. The Registrar of Deeds may effect transfer of the…

Source excerpt

  • Real Vs Personal Rights
  • Homeowners Association Liens
  • Insolvent Estate Transfer
  • Preferent Claims
  • Section 89 Insolvency Act
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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.