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South Africa decisions
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Body Corporate Chateaux Marie v Shumba (044880/23) [2025] ZAGPPHC 644 (9 June 2025)
The High Court confirmed a provisional sequestration order against a body corporate debtor, finding acts of insolvency and an advantage to creditors.
Appointed Trustees of Madison at Amberfield Body Corporate and Another v CSI Property Management (Pty) Ltd (2024/059279) [2024] ZAGPJHC 699 (19 July 2024)
The court held that a sectional title managing agent’s mandate had ended, ordered handover of records and bank access, and found 18 May 2024 trustee appointments invalid.
Rampul v Trustees of Mangrove Beach Centre Body Corporate and Others (9823/2022P) [2022] ZAKZPHC 81 (15 December 2022)
The court found that the adjudicator erred in applying the defence of res judicata, as the parties and issues in the prior application were not the same as those before the adjudicator. However, upon considering the merits, the court held that the special rules granting commercial section owners a greater percentage of the vote are lawful and reasonable in the context of a mixed-use scheme. The Sectional Titles Act and Sectional Titles Schemes Management Act expressly permit such differentiation, and the appellant, as a prudent purchaser, should have been aware of the special rules when acqui…
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Trustees of Alessio Body Corporate v Cottle and Others (A38/2022) [2022] ZAWCHC 233; 2023 (4) SA 274 (WCC) (15 August 2022)
The court held that in the Western Cape Division, appeals under section 57(1) of the CSOS Act must be brought by way of notice of motion supported by affidavits, as established in The Avenues Body Corporate and Kingshaven. The appellant's use of a notice of appeal was procedurally incorrect and not permitted. The court is bound by the decisions in Avenues and Kingshaven unless they are shown to be wrongly decided, which was not the case here. As the appeal was not properly before the court, it was struck from the roll with costs, and the merits were not considered.
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Van Den Bos N.O. and Others v Letsoalo and Others (30565/2020) [2022] ZAGPJHC 187 (30 March 2022)
The High Court dismissed an application for leave to appeal with costs, finding no reasonable prospects of success and noting procedural deficiencies.
Korkie and Others v Ismail and Others (4305/2017) [2018] ZAECPEHC 37 (31 July 2018)
The court found that the applicants failed to establish, on the papers, that the respondents acted unlawfully by making threats or damaging the fence. The respondents' denials were supported by affidavits from other residents, and the factual disputes could not be resolved in the applicants' favour in motion proceedings. The requirements for a final interdict were therefore not met. The first applicant was found to be duly authorised to act on behalf of the Body Corporate, but the essential factual basis for relief was lacking. The court also noted the fraught situation among residents and th…
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