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South Africa decisions
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Christina Friederike CC v Quartet Body Corporate and Others (2013/19206) [2016] ZAGPJHC 35 (2 March 2016)
High Court dispute over unauthorised sectional title alterations and a wetland pool filtration system; both the main interdict and counter-application were dismissed.
Vanilla Street Home Owners Association v Ismail and Another (A345/2013) [2014] ZAWCHC 25 (5 March 2014)
The court held that a homeowners association, duly constituted under LUPO and with an approved constitution, may lawfully restrict property use beyond what is permitted by the zoning scheme, provided such restrictions are agreed to by property owners upon purchase. The respondent, as a registered owner, was bound by the association's constitution and conduct rules, which limited use to residential purposes. Her operation of a hair salon constituted a breach, regardless of the manner or impact of the business. The appellant established a clear right, suffered injury by the breach, and had no a…
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Incledon Cape (Pty) Ltd v DPI Plastics (Pty) Ltd (5850/07) [2009] ZAWCHC 182; 2009 BIP 397 (WCC) (19 November 2009)
High Court passing-off case where Incledon Cape obtained a permanent interdict against DPI Plastics for using Incledon DPI in the Western Cape.
Transnet Limited v Proud Heritage Properties (Pty) Ltd and Others (405/08) [2008] ZAECHC 42 (20 March 2008)
The applicant, Transnet Limited, established a clear statutory right to operate and maintain the Richmond beacon for maritime safety under the National Ports Act. The respondents' construction would obstruct the beacon, compromising safe navigation into the port. The applicant's occupation of the site for thirty years with municipal consent further supports its right. The respondents' arguments regarding servitude and constitutional property rights are unfounded, as the applicant does not rely on servitude but on statutory obligations. The injury to the applicant is both actual and reasonably…
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Sanachem (Pty) Ltd v Farmers Agri-Care (Pty) Ltd and Others (265/93) [1995] ZASCA 2; 1995 (2) SA 781 (AD); [1995] 2 All SA 268 (A) (23 February 1995)
The court held that the importation was invalid because the permit and bill of entry did not match, but refused a permanent interdict since the goods remained legally tradable.
Bankorp Trust Bpk v Pienaar en 'n Ander (679/91) [1993] ZASCA 74; 1993 (4) SA 98 (AD); [1993] 2 All SA 477 (A) (28 May 1993)
The Supreme Court of Appeal held that the High Court erred in granting relief to Charleen Pienaar. The court found that Pienaar had not established any legal basis for the removal of Bankorp Trust as executor, as Bankorp Trust had not yet been appointed by the Master. The statutory framework vests the power of appointment in the Master, and the court's power to remove or suspend an executor only arises after appointment. Furthermore, the court has no statutory or common law authority to appoint an executor in place of a nominee. The permanent interdict granted by the High Court was inappropri…
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