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South Africa Case Law

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Land And Property [2022] ZAGPPHC 785

Churchill House (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (32188/2021)

Churchill House (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (32188/2021) [2022] ZAGPPHC 785 (20 October 2022)

Court
North Gauteng High Court, Pretoria
Case number
32188/2021
Judge
Strijdom

The court held that the respondent is only entitled to claim charges arising under section 118(1) of the Municipal Systems Act for the two years preceding the application for clearance certificates. The respondent's reliance on section 89 of the Insolvency Act to extend the claimable period is incorrect and inconsistent with binding precedent. The applicants' attorneys have proper authority to bring the application, and any challenge to authority should have been made by Rule 7 notice. The respondent's opposition was unfounded, and a punitive costs order is warranted. The respondent is ordere…

Source excerpt

  • Municipal Clearance Certificates
  • Liquidation Procedure
  • Section 118 Municipal Systems Act
  • Section 89 Insolvency Act
  • Locus Standi
  • Costs Orders
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Land And Property [2013] ZAGPPHC 167

Koka NO and Others v Willow Waters Home Owners Association (Pty) Ltd and Others (20361/12)

Koka NO and Others v Willow Waters Home Owners Association (Pty) Ltd and Others (20361/12) [2013] ZAGPPHC 167 (13 June 2013)

Court
North Gauteng High Court, Pretoria
Case number
20361/12
Judge
BAM

The court held that the right of the Home Owners Association to refuse consent for transfer of property due to unpaid levies and penalties is a personal right, not a real right. This right does not result in a subtraction from the dominium of the property and binds only the present owner, not successors in title. The protection afforded to bodies corporate under the Sectional Titles Act does not extend to home owners associations, and the claim for outstanding levies does not constitute a preferent claim under section 89 of the Insolvency Act. The Registrar of Deeds may effect transfer of the…

Source excerpt

  • Real Vs Personal Rights
  • Homeowners Association Liens
  • Insolvent Estate Transfer
  • Preferent Claims
  • Section 89 Insolvency Act
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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.

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