Fisher v Body Corporate Misty Bay (2012 (4) SA 215 (GNP))
Fisher v Body Corporate Misty Bay (2012 (4) SA 215 (GNP)) [2011] ZAGPPHC 234; [2011] ZAGPPHC 56 (12 April 2011)
The court found that the respondent's suspension of the applicant's access tag, which prevented him from entering the complex with his vehicle, amounted to unlawful deprivation of possession and constituted spoliation. The respondent's reliance on its rules and the standard agreement did not justify its conduct, as there was no explicit provision authorizing such action, and even if there were, due process must be followed. The respondent could not take the law into its own hands by restricting access based on levy arrears. The applicant was entitled to restoration of possession and access to…
Source excerpt
- Mandament Van Spolie
- Sectional Titles Act
- Urgent Interdict
- Levy Arrears
- Possession And Access