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South Africa Case Law

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Administrative Law [2024] ZAFSHC 329

Litabe v Community Scheme Ombud Service and Others (6223/2023)

Litabe v Community Scheme Ombud Service and Others (6223/2023) [2024] ZAFSHC 329 (25 October 2024)

Review of an Ombud order over guest parking was dismissed as moot because the parties agreed the trustees’ allocation was unlawful and no live controversy remained.

  • Review Of Ombud Decision
  • Sectional Title Rules
  • Ultra Vires Trustee Action
  • Mootness
  • Costs Award
  • Sectional-title-law
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Land And Property [2022] ZAWCHC 61

Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021)

Rauch and Another v Registrar of Deeds, Cape Town and Others (13312/2021) [2022] ZAWCHC 61 (28 April 2022)

The court found, on a balance of probabilities, that the right to exclusive use of parking bay 19, originally allocated to Unit 11 by the 1983 rules, was subsequently transferred by the owner of Unit 11 to the owner of Unit 7, either expressly or tacitly. This conclusion was supported by decades of consistent use, payment of levies by Unit 7's owners, and the absence of any claim or use by Unit 11's owners. The court held that the formalities in rule 73(6) are post-disposal procedures and not prerequisites for a valid transfer. The allocation in the rules may cease to be applicable where the…

  • Sectional Title Rules
  • Exclusive Use Rights
  • Servitude Transfer
  • Prescription Act
  • Body Corporate Management
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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.