South Africa Case Law

Section 99 Claridge Court Shareblock (Pty) Ltd v Pino's General Trading CC and Others (3692/2024)

Section 99 Claridge Court Shareblock (Pty) Ltd v Pino's General Trading CC and Others (3692/2024) [2025] ZAKZDHC 3 (17 January 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

3692/2024

Judge

Dayal AJ

The High Court dismissed an application to remove an unlawful wall on sectional title common property because the applicant failed to prove a clear right.

• Sectional Title Scheme Management
• Mandatory Interdict
• Locus Standi
• Illegal Structure
• Ventilation Rights
• Sectional-title-scheme-management

Maseule and Others v Grove and Others (2024/135845)

Maseule and Others v Grove and Others (2024/135845) [2024] ZAGPJHC 1299 (18 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/135845

Judge

Badenhorst

The court granted interim relief stopping respondents from diverting prepaid electricity payments to historical arrears, pending determination by a tribunal or court.

• Sectional Title Scheme Management
• Prepaid Electricity Set Off
• Spoliation
• Parate Executie
• Sectional-title-law
• Prepaid-electricity

Achuko v Rozanne Close Body Corporate and Others (2023/05508)

Achuko v Rozanne Close Body Corporate and Others (2023/05508) [2024] ZAGPJHC 323 (28 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/05508

Judges

Makume, Wadee

The High Court dismissed an appeal against a CSOS adjudication, holding that a body corporate resolution to pass bank charges on to unit owners was binding.

• Sectional Title Scheme Management
• Community Scheme Ombud Service Act
• Exclusive Use Expense
• Body Corporate Resolutions
• Bank Charges Liability
• Sectional-title-scheme-management

Body Corporate Assistance Gauteng (Pty) Ltd and Others v Tillman and Others (34372/2020)

Body Corporate Assistance Gauteng (Pty) Ltd and Others v Tillman and Others (34372/2020) [2023] ZAGPJHC 596 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

34372/2020

Judge

MIA

The court found that the applicants failed to make out a case for interim interdict on the papers, as the disputes of fact were genuine and far-reaching. The applicants ought to have foreseen these disputes and proceeded by way of summons. The court held that referral to trial is appropriate, with the founding affidavit serving as summons and the answering affidavits as pleas. The applicants are ordered to pay costs on an attorney-client scale, excluding the respondents from liability for such costs if a levy is raised.

Source excerpt

• Interim Interdict
• Referral To Oral Evidence
• Abuse Of Process
• Slapp Suit
• Sectional Title Scheme Management

Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371)

Cathkin Peak South Body Corporate v Johnson and Another [Court Order] (2015/33371) [2015] ZAGPJHC 349 (11 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2015/33371

Judge

Mailula

A body corporate obtained orders allowing electricity disconnection and water restriction for arrears, and judgment for unpaid levies and utility charges.

• Sectional Title Scheme Management
• Arrear Utilities
• Levy Collection
• Utility Disconnection
• Sectional-title-scheme-management
• Arrear-utilities