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South Africa Case Law

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Land And Property [2022] ZAGPJHC 750

Fire Wings Properties 21 (PTY) Ltd v Sunrise Technologies (PTY) Ltd and Others (2020/16177)

Fire Wings Properties 21 (PTY) Ltd v Sunrise Technologies (PTY) Ltd and Others (2020/16177) [2022] ZAGPJHC 750 (27 September 2022)

The court found that the defence of lis alibi pendens was not available to the first respondent because the applicant was not a party to the other pending litigation, and the requirements for the defence were not met. The advertising sign was held to be illegal as it contravened the City of Johannesburg Outdoor Advertising By-laws, lacking both approval and exemption, and being situated too close to the intersection. The court rejected the argument that the City’s transitional period or 'moratorium' on enforcement prevented the applicant from seeking relief, holding that the By-laws remained…

  • Outdoor Advertising By Laws
  • Illegal Structure
  • Locus Standi
  • Lis Alibi Pendens
  • Municipal Regulation
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Commercial And Corporate [2021] ZAGPJHC 881

Abrina 3765 (Pty) Ltd t/a BMW Sandton v Zascotime (Pty) Ltd (35714/2020)

Abrina 3765 (Pty) Ltd t/a BMW Sandton v Zascotime (Pty) Ltd (35714/2020) [2021] ZAGPJHC 881 (2 December 2021)

The High Court held that Zascotime had a duty to disclose pending litigation about an outdoor advertising sign, making the contract void and requiring repayment.

  • Material Non Disclosure
  • Restitution
  • Outdoor Advertising By Laws
  • Contract Invalidity
  • Lis Pendens
  • Material-non-disclosure
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Land And Property [2021] ZAGPJHC 514

City of Johannesburg Metropolitan Municipality v Olympia Trade Centre (Pty) Limited (2018/18147)

City of Johannesburg Metropolitan Municipality v Olympia Trade Centre (Pty) Limited (2018/18147) [2021] ZAGPJHC 514 (19 February 2021)

Condonation for a late application for leave to appeal was refused because the explanation for delay was incomplete and prospects of success were poor.

  • Outdoor Advertising By Laws
  • Condonation
  • Leave To Appeal
  • Appealability Of Orders
  • Leave-to-appeal
  • Appealability-of-orders
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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.