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South Africa Case Law

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Land And Property [2025] ZAGPJHC 531

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412)

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412) [2025] ZAGPJHC 531 (28 May 2025)

The High Court held the respondent had no right to occupy the Houghton units, found the loan had been settled, and dismissed the conditional counterclaim.

  • Sectional Title Scheme
  • Declaratory Relief
  • Arbitration Clause
  • Loan Settlement
  • Occupational Rental
  • Conditional Counterclaim
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Civil Procedure [2024] ZAGPJHC 1304

Hassiem v Prime Property Investments (Pty) Ltd and Others (2024/137597)

Hassiem v Prime Property Investments (Pty) Ltd and Others (2024/137597) [2024] ZAGPJHC 1304 (24 December 2024)

Urgent spoliation application struck from the roll for lack of urgency over disputed electricity supply to a sectional title flat.

  • Mandament Van Spolie
  • Urgent Application
  • Sectional Title Scheme
  • Electricity Supply
  • Interim Relief
  • Mandament-van-spolie
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Civil Procedure [2024] ZAGPPHC 1240

Mvuza v Body Corporate of Falcon Crest and Others (26411/2021)

Mvuza v Body Corporate of Falcon Crest and Others (26411/2021) [2024] ZAGPPHC 1240 (22 November 2024)

The High Court dismissed an application to rescind default and execution orders, finding the applicant knew of the proceedings and failed to show a bona fide defence.

  • Rescission Of Judgment
  • Service Of Process
  • Sectional Title Scheme
  • Default Judgment
  • Rule 46 Execution
  • Constitutional Right To Housing
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Civil Procedure [2024] ZAGPPHC 804

Body Corporate of DSL v Lunika and Another (045914/2022)

Body Corporate of DSL v Lunika and Another (045914/2022) [2024] ZAGPPHC 804 (6 August 2024)

High Court sequestration matter: the court found an act of insolvency but refused final sequestration, extending the rule nisi and seeking further submissions.

  • Sequestration
  • Act Of Insolvency
  • Sectional Title Scheme
  • Nulla Bona Return
  • Substituted Service
  • Act-of-insolvency
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Land And Property [2024] ZAGPPHC 616

River Meadow Manor Properties (Pty) Ltd v Siyandasabelo Trading (Pty) Ltd and Others (16638/2022)

River Meadow Manor Properties (Pty) Ltd v Siyandasabelo Trading (Pty) Ltd and Others (16638/2022) [2024] ZAGPPHC 616 (13 June 2024)

The High Court held that the applicant could enforce a contractual right to register a right-of-way servitude, despite later selling the dominant property.

  • Registration Of Servitude
  • Contractual Rights
  • Sectional Title Scheme
  • Environmental Authorisation
  • Standing
  • Costs Scale B
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Constitutional Law [2024] ZASCA 51

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1346/2022)

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1346/2022) [2024] ZASCA 51; 2024 (6) SA 159 (SCA) (18 April 2024)

The Supreme Court of Appeal held that the High Court's order was final in effect and thus appealable, as it compelled the City to restore and continue supplying electricity to the Retail Park without ensuring payment of arrears or imposing reciprocal obligations on all owners. The order undermined the City's constitutional and statutory duty to collect revenue for services rendered and forced it to act contrary to its legal mandate. Vresthena, as an owner of sectional title units, had no contractual right to receive electricity directly from the City, and its remedy lay in compelling the body…

  • Municipal Services
  • Electricity Supply
  • Interdict Requirements
  • Debt Collection
  • Sectional Title Scheme
  • Appealability Of Orders
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Land And Property [2023] ZAGPJHC 1153

Body Corporate Ashwood Manor v Macgregor (027545/2023)

Body Corporate Ashwood Manor v Macgregor (027545/2023) [2023] ZAGPJHC 1153 (13 October 2023)

The High Court refused a body corporate’s request to authorize electricity disconnection for arrears, holding no legal power was shown for that relief.

  • Sectional Title Scheme
  • Body Corporate Powers
  • Utility Disconnection
  • Arrear Levies
  • Sectional-title-scheme
  • Body-corporate-powers
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Land And Property [2023] ZAKZDHC 41

Body Corporate of Baluwath v Moroka and Others (D4319/2022)

Body Corporate of Baluwath v Moroka and Others (D4319/2022) [2023] ZAKZDHC 41 (17 July 2023)

The High Court ordered trust funds paid to a body corporate after finding the respondents owed levies and related charges under a settled but unpaid account.

  • Sectional Title Scheme
  • Levy Arrears
  • Declaratory Relief
  • Trust Account Payment
  • Costs Order
  • Sectional-title
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Civil Procedure [2023] ZAGPJHC 594

Van Den Bos NO v Maluleke and Others (11192/2020)

Van Den Bos NO v Maluleke and Others (11192/2020) [2023] ZAGPJHC 594 (22 May 2023)

The court found that the applicant failed to provide substantive evidence that the magistrates' court systematically stonewalls applications for special executability or that process-in-aid was necessary. The applicant's affidavit was vague and generalized, lacking specific proof of inability to obtain relief in the magistrates' court. The court reaffirmed that locus standi objections had no merit, but held that the process-in-aid remedy is discretionary and must be supported by concrete facts. As the applicant did not meet this threshold, the application was dismissed.

  • Special Executability
  • Process In Aid
  • Sectional Title Scheme
  • Locus Standi
  • Primary Residence Protection
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Civil Procedure [2023] ZAGPJHC 421

Van den Bos v Ndevu and Another (2021-37755)

Van den Bos v Ndevu and Another (2021-37755) [2023] ZAGPJHC 421 (4 May 2023)

The High Court declared a sectional-title unit specially executable to satisfy unpaid levies and charges, rejecting challenges to the administrator’s authority and the judgment debt.

  • Special Executability
  • Judgment Enforcement
  • Sectional Title Scheme
  • Locus Standi
  • Default Judgment
  • Special-executability
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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.