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South Africa decisions
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Long Beach Owners Association v Miles N.O - Trial (624/2020) [2023] ZAECMKHC 71 (30 May 2023)
The High Court upheld a special plea of prescription in a homeowners’ association dispute over legal-cost recovery, finding the claim had prescribed.
Bakhatla Basesfikile Community Development Association obo Descendents of Molefe Molemi and Others v Bakgatla ba Kgafela Tribal Authority and Others (320/11) [2011] ZANWHC 66 (1 December 2011)
The court found that the Bakgatla-Ba-Sesfikile Community is not a juristic person but may be cited as an association under Rule 14, granting it locus standi to bring the application. The Farm in question was purchased by the forebears of the applicants but, due to discriminatory laws, was registered in the name of the Chief in trust for the Bakgatla Tribe. The Farm is now held in trust for the Bakgatla-Ba-Kgafela Community, which comprises 32 sub-villages, including the applicants. The Communal Land Rights Act applies to the Farm, and ownership vests in the community on whose behalf it is hel…
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Northlink FET College v The Western Cape Provincial Minister of Education and Others (24526/2010) [2010] ZAWCHC 629 (14 December 2010)
Urgent claim by Northlink FET College for reimbursement of lease-related payments and a subsidy failed; the court held the college was responsible and dismissed the application with costs.
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