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South Africa Case Law

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Civil Procedure [2016] ZAWCHC 5

Potters Mill Investments 14(Pty) Ltd v ABE Swersky & Associates and Others (7218/2006)

Potters Mill Investments 14(Pty) Ltd v ABE Swersky & Associates and Others (7218/2006) [2016] ZAWCHC 5; 2016 (5) SA 202 (WCC) (1 January 2016)

Court
Western Cape High Court, Cape Town
Case number
7218/2006
Judge
KOEN AJ

The High Court granted leave to amend a plea to withdraw a legal admission about land-subdivision law, finding the issue was triable and prejudice could be cured.

  • Amendment Of Pleadings
  • Withdrawal Of Admission
  • Subdivision Of Agricultural Land Act
  • Physical Planning Act
  • Duty Of Care
  • Void Agreement
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Land And Property [2005] ZASCA 122

Ehlers and Others v Rand Water Board (484/2004)

Ehlers and Others v Rand Water Board (484/2004) [2005] ZASCA 122; [2006] 2 All SA 121 (SCA); 2006 (3) SA 299 (SCA) (30 November 2005)

Court
Supreme Court of Appeal
Case number
484/2004
Judges
MPATI DP, ZULMAN, CAMERON, NUGENT, COMBRINCK

The Supreme Court of Appeal held that conditional plan approval did not amount to written consent to build below the flood control line, and dismissed the appeal.

  • Physical Planning Act
  • Flood Control Line
  • Sectional Titles Scheme
  • Statutory Consent
  • Demolition Of Structures
  • Sectional-titles
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Land And Property [2005] ZAFSHC 30

Club Twelve v Rand Water Board; Rand Water Board v Johannes and Another (141/2003)

Club Twelve v Rand Water Board; Rand Water Board v Johannes and Another (141/2003) [2005] ZAFSHC 30 (3 March 2005)

Court
Free State High Court, Bloemfontein
Case number
141/2003
Judge
Kruger

The court dismissed an exception to particulars of claim, holding that the plaintiff had pleaded a sufficient statutory basis to seek demolition relief.

  • Demolition Order
  • Ultra Vires
  • Statutory Interdict
  • Physical Planning Act
  • Pleading Requirements
  • Civil-procedure
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Land And Property [2004] ZAFSHC 60

Rand Water Raad v Regspersoon, Klub 40 en Andere (4462/2002)

Rand Water Raad v Regspersoon, Klub 40 en Andere (4462/2002) [2004] ZAFSHC 60 (17 June 2004)

Court
Free State High Court, Bloemfontein
Case number
4462/2002
Judge
Van Coppenhagen, R

High Court decision on whether a sectional title plan approval permitted habitable structures below the flood line and whether unlawful structures had to be removed.

  • Deed Registration
  • Illegal Structures
  • Physical Planning Act
  • Sectional Title Schemes
  • Locus Standi
  • Sectional-title-schemes
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.