South Africa Case Law

Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023)

Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023) [2025] ZAGPPHC 757 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A27/2023

Judges

Lenyai, Mudau, Baqwa

The court found that the first appellant, as body corporate, is statutorily empowered under section 2(7)(b) of the STSMA to institute action against the developer for damages to the common property arising from defective construction. The particulars of claim set out the essential elements of a delictual claim, including the existence of a legal duty, breach, causation, and damages. The respondent's arguments regarding the sufficiency of the pleadings and the alleged misjoinder of the second appellant were rejected. The second appellant was found to have no cause of action and was joined only…

Source excerpt

• Sectional Title Scheme Management Act
• Defective Construction
• Exception Procedure
• Legal Duty Of Developer
• Wrongfulness
• Pleading Requirements

Body Corporate Camarque v Singh and Another (D5012/2024)

Body Corporate Camarque v Singh and Another (D5012/2024) [2025] ZAKZDHC 23 (29 April 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5012/2024

Judge

Kuzwayo AJ

Summary judgment was refused in a body corporate levy dispute because the defendants raised a bona fide defence on quantum and the claim was inadequately supported.

• Summary Judgment
• Sectional Title Scheme Management Act
• Arrear Levies
• Community Schemes Ombud Service
• Quantum Dispute
• Summary-judgment