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South Africa decisions
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Savannah Country Estate Homeowners Association v Sero Plus trading 194 (Pty) Ltd and Others (43842/13) [2019] ZAGPPHC 1018 (10 December 2019)
The court upheld special pleas based on impossibility and dismissed a claim to declare a sale of Erf 445 unlawful and void.
First Rand Bank Limited v Master of the High Court (Pretoria) and Others (53071/2016) [2018] ZAGPPHC 806 (18 April 2018)
The court found that the Master erred in conflating sequestration costs with costs for recovery of arrear levies. Section 14(3) of the Insolvency Act compels the petitioning creditor to contribute to administration costs, regardless of whether a claim has been proved. Section 89(1) and section 106 further require pro rata contribution by creditors when the estate's residue is insufficient. The legal costs incurred in sequestration are not protected under section 15B(3)(a)(i)(aa) of the Sectional Title Act, which only covers unpaid levies. The Body Corporate, as petitioning creditor, is not im…
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Mobile Telephone Networks (Pty) Ltd and Another v Spilhaus Property Holdings (Pty) Ltd and Others (208/2017) [2018] ZASCA 16; 2018 (3) SA 396 (SCA) (15 March 2018)
The Supreme Court of Appeal held that sectional title owners had to follow section 41 of the Act and apply for a curator ad litem before suing over common property.
GC Property Developers CC v Watt (35025/2011) [2012] ZAGPJHC 49; [2012] 3 All SA 426 (GSJ) (30 March 2012)
The High Court dismissed an application to compel a mortgagee’s consent for sectional title transfers, holding the request contradicted the sale agreement and was barred by res judicata/lis pendens.
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