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South Africa decisions
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Body Corporate of the Manhattan v Blake (52472/2023) [2025] ZAGPPHC 583 (3 June 2025)
The High Court upheld exceptions to a respondent’s plea and counterclaim in a sectional title dispute, holding levies cannot be withheld and the counterclaim was res judicata.
Lund and Another v Community Schemes Ombud Service and Others (006069/2022) [2024] ZAGPJHC 632; [2024] 4 All SA 608 (GJ) (10 July 2024)
The court found that the applicants provided a reasonable explanation for the delay in instituting the review application, including attempts at mediation, personal difficulties, and lack of access to documents. The prejudice claimed by the Body Corporate was largely self-created due to its own delay in seeking enforcement. The CSOS adjudicator's procedure was found to be procedurally unfair, as no hearing was held, evidence was not called for, and submissions were not confirmed under oath. Applying the principles from Silverlakes, the court held that the award must be reviewed and set aside.…
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Vresthena (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (065167/2023) [2023] ZAGPPHC 599 (21 July 2023)
The court found that the full court order of 10 November 2022 is enforceable and binding on the City of Tshwane until set aside, regardless of the City's contentions regarding its lawfulness or pending appeal. Section 18 of the Superior Courts Act exhaustively regulates interim implementation orders, permitting only a single automatic appeal, which has already occurred. The City's application for special leave to appeal and condonation does not suspend the order unless condonation is granted. The declaratory relief sought by the applicant is necessary to clarify the parties' rights and obliga…
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Le Roux v Dunrobin Body Corporate and Others (10268/2019) [2020] ZAWCHC 53 (9 June 2020)
The court held that the applicant was entitled to cession of exclusive use rights over parking bay P12, granted interdictory relief over P13, and dismissed the counter-application.
Singh v Sheriff Sandton North and Others (47164/2018) [2019] ZAGPJHC 373 (4 September 2019)
The court held that the inclusion of legal fees and costs in the calculation of arrear levies payable by the purchaser at a sale in execution is correct and mandated by the Sectional Titles Act and confirmed by the Supreme Court of Appeal in Barnard NO v Regspersoon van Aminie en 'n Ander. The applicant's argument that the arrear amount was inflated is unsustainable. The applicant's persistent and unreasonable litigation regarding the property justified declaring him a vexatious litigant and restricting further proceedings without leave of the court. The application for setting aside the sale…
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Body Corporate Le Chene D'or v Carim and Another (30507/2017 ) [2019] ZAGPJHC 17 (1 February 2019)
High Court interdict against unauthorised sectional title alterations upheld; body corporate granted reinstatement orders, and the counterclaim was dismissed.
Wintertide Trading 89 CC v Thompson and Others (2534/2009) [2010] ZANWHC 14 (20 May 2010)
High Court eviction case: the owner sought to evict occupiers after lease expiry, nonpayment of rent, and failed mediation attempts. Oral purchase options were rejected.
Phone-a-Copy Worldwide (Pty) Ltd. v Orkin and Another (125/83/av) [1985] ZASCA 137; [1986] 2 All SA 12 (A) (29 November 1985)
The Supreme Court of Appeal held that the description of the property in the agreement was sufficient to comply with statutory requirements, as the flats were individually numbered and the undivided share in the common property would be ascertainable upon registration of the sectional plan. The Court further found that, although the notice of default was not sent to the respondents' domicilium citandi et executandi or last known residential or business address, the respondents actually received the notice and were thus properly informed of their default. The statutory requirement regarding th…
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