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South Africa decisions
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Ncongwane and Another v Body Corporate Drysdale 24 and Others (575/2024) [2024] ZAMPMBHC 13 (26 February 2024)
The High Court granted urgent interim relief staying execution of a magistrates’ court writ, pending an appeal, to prevent irreparable harm to the applicants' property.
Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021) [2023] ZAMPMBHC 61 (16 November 2023)
The court dismissed a locus standi objection by affected homeowners and allowed further affidavits in a dispute with their HOA over security amenities and levy-related relief.
Mukhinindi and Another v Cedar Creek Estate Home Owners Association and Another (81830/2018) [2021] ZAGPPHC 314 (10 May 2021)
The applicants failed to provide a reasonable and acceptable explanation for their default and delay in bringing the application to set aside the rule 46A order. They did not establish a bona fide defence with prospects of success, as they admitted indebtedness for at least the judgment debt and failed to challenge the underlying Magistrates’ Court order. The applicants did not satisfy the requirements for condonation or for an interim interdict, as they did not demonstrate a prima facie right or address the balance of convenience. The estate has been prejudiced by the applicants’ persistent…
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Body Corporate Elma Park v Erf 195 Elma Park Ltd (22421/2013) [2016] ZAGPPHC 873 (22 September 2016)
The applicant has prima facie established its locus standi as a creditor, and the respondent's liability for arrear levies is not bona fide disputed on reasonable grounds. The respondent has failed to take steps to amend the management rules or participation quotas and has not provided evidence of payment or a valid calculation disputing the debt. The respondent's financial statements show solvency on paper but reveal commercial insolvency due to inability to pay debts from its own income, relying instead on loans from group companies. The respondent's defences regarding the levy structure an…
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Willow Acres Home Owners Association v Busisiwe (37889/2013) [2015] ZAGPPHC 37 (30 January 2015)
The court discharged a provisional sequestration order after finding duplicated levies, excessive interest, and untaxed attorney’s fees raised fairness concerns.
Dennegeur Estate Huiseienaarsvereniging v Zonnekus Mansion (EDMS) BPK (2024/2011) [2014] ZAWCHC 70 (8 May 2014)
The court found that the respondent's dispute regarding the applicant's claim was genuine and based on reasonable grounds, specifically relating to compliance with prescribed formalities and internal procedures for levying charges. The respondent raised issues about the validity of resolutions authorising the charges and whether procedural requirements were met. The applicant failed to provide clear evidence that all levies and penalties were properly authorised in accordance with its constitution. The court held that such disputes should be resolved through trial, not liquidation proceedings…
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