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South Africa Case Law

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Administrative Law [2022] ZAGPJHC 929

Naidoo v Chicktay N.O. and Others (39321/2021)

Naidoo v Chicktay N.O. and Others (39321/2021) [2022] ZAGPJHC 929 (22 November 2022)

The High Court reviewed and set aside a CSOS adjudication order after finding the adjudicator failed to investigate jurisdictional facts and the alleged rule breach.

  • Promotion Of Administrative Justice Act
  • Community Schemes Ombud Service Act
  • Sectional Title Disputes
  • Administrative Review
  • Common Area Definition
  • Administrative-review
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Administrative Law [2022] ZAGPJHC 649

Raschid and Another v Lenasia Tamil Association Body Corporate and Others (A3048/2021)

Raschid and Another v Lenasia Tamil Association Body Corporate and Others (A3048/2021) [2022] ZAGPJHC 649 (6 September 2022)

High Court appeal under the CSOS Act dismissed because the appellants’ grounds did not raise a question of law and the tariff issue lay outside the adjudicator’s jurisdiction.

  • Community Schemes Ombud Service Act
  • Sectional Title Disputes
  • Appeal On Question Of Law
  • Adjudicator Jurisdiction
  • Community-schemes-ombud-service-act
  • Section-57-appeal
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Land And Property [2022] ZAKZDHC 28

Chundhur v Rampersad (D7934/2020)

Chundhur v Rampersad (D7934/2020) [2022] ZAKZDHC 28 (24 June 2022)

A property encroachment dispute was adjourned sine die while the court ordered expert reports and further submissions on possible alternative remedies.

  • Encroachment
  • Common Law Remedies
  • Sectional Title Disputes
  • Judicial Discretion
  • Compensatory Order
  • Property-law
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Land And Property [2016] ZAGPJHC 35

Christina Friederike CC v Quartet Body Corporate and Others (2013/19206)

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.

  • Sectional Title Disputes
  • Permanent Interdict
  • Burden Of Proof
  • Unauthorised Alterations
  • Sectional-title-disputes
  • Permanent-interdict
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Land And Property [2015] ZAKZDHC 87

Goordayal and Another v Body Corporate of Riverside Mews and Others (10576/2014)

Goordayal and Another v Body Corporate of Riverside Mews and Others (10576/2014) [2015] ZAKZDHC 87 (6 November 2015)

Opposed sectional-title building dispute referred to trial, with an interim interdict restraining further alterations to Unit 5 pending trial.

  • Sectional Title Disputes
  • Building Plan Approval
  • Interdict
  • Counter Application
  • Sectional-title-disputes
  • Building-plan-approval
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Civil Procedure [2013] ZAKZDHC 43

Body Corporate of Fascadale Heights v Bayne and Others (2907/13)

Body Corporate of Fascadale Heights v Bayne and Others (2907/13) [2013] ZAKZDHC 43 (28 August 2013)

Costs-only judgment on an urgent application to remove security gates from sectional title corridors. The court found both sides at fault and ordered each to pay its own costs.

  • Sectional Title Disputes
  • Urgent Interdict
  • Costs Award
  • Security Gates Removal
  • Sectional-title-disputes
  • Urgent-applications
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Civil Procedure [2013] ZAGPPHC 95

Crown Hill Prop 3 CC v Body Corporate Villa Luca (31765/2011)

Crown Hill Prop 3 CC v Body Corporate Villa Luca (31765/2011) [2013] ZAGPPHC 95 (11 April 2013)

The High Court granted rescission of a default judgment and set aside a liquidation order after finding the applicant had shown good cause and a bona fide defence.

  • Rescission Of Judgment
  • Service Of Process
  • Sectional Title Disputes
  • Liquidation Orders
  • Rescission-of-judgment
  • Service-of-process
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Civil Procedure [2008] ZAWCHC 75

Thunder Cats Investments 49 (Pty) Ltd and Others v Fenton and Others (9958/06)

Thunder Cats Investments 49 (Pty) Ltd and Others v Fenton and Others (9958/06) [2008] ZAWCHC 75; 2009 (4) SA 138 (C) (12 December 2008)

High Court contempt matter about hotel advertising and bookings. The rule nisi was confirmed, the counter-application dismissed, and punitive costs were ordered.

  • Contempt Of Court
  • Interdict
  • Abuse Of Process
  • Sectional Title Disputes
  • Costs Punitive Order
  • Contempt-of-court
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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.