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Civil Procedure [2024] ZAGPPHC 986

Mogashoa and Others v Zwavel's Nest Homeowners Association (Pty) Ltd and Others (30715/2021)

Mogashoa and Others v Zwavel's Nest Homeowners Association (Pty) Ltd and Others (30715/2021) [2024] ZAGPPHC 986 (26 September 2024)

The application before the court, although purporting to be an appeal under section 57 of the Community Schemes Ombud Service Act, is not a valid appeal as it was brought by notice of motion rather than notice of appeal. The procedure adopted by the applicants is fundamentally defective and cannot be condoned. The applicants failed to remedy the procedural defect despite being alerted to it and did not seek proper condonation. The setting down of the main application was not irregular, and the application is declared a nullity. The applicants are not precluded from launching a proper appeal a…

  • Community Schemes Ombud Service Act
  • Condonation
  • Irregular Proceedings
  • Notice Of Appeal
  • Penalties For Noncompliance
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