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South Africa decisions
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NAD Property Income Fund (Pty) Ltd and Another v Tivane and Others (2692/2022) [2022] ZAMPMBHC 61 (25 July 2022)
The High Court granted an urgent interim interdict stopping construction and operation of a petrol filling station pending review proceedings.
Hermanus Beach Club Homeowners' Association and Others v Hermanus Beach Club Homeowners' Association and Others (12508/2015) [2018] ZAWCHC 111 (3 September 2018)
The court found that the MHOA failed to establish a binding legal basis compelling all beach house owners to be members. The servitudes and deeds of sale did not uniformly impose such obligations, and the conduct of individual owners could not be generalized to all. The MHOA’s memorandum and articles, as well as its register of members, did not reflect universal membership. The Companies Act requirements for membership were not met, and the MHOA’s governance structure was incompatible with the current legal regime. The court held that there was no legally binding site development plan applica…
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Georgiou v Nelson Mandela Bay Metropolitan Municipality and Others (1147/2016) [2016] ZAECPEHC 58; [2016] 4 All SA 524 (ECP) (22 September 2016)
The High Court held that the municipality’s comment sheets were definitive refusals of a building plan, so the applicant had to pursue the statutory review remedy.
Myburgh v Equestrian Valley (Pty) Ltd (15986/2012) [2016] ZAWCHC 6 (4 February 2016)
The court dismissed a buyer’s claim to cancel sale agreements over alleged failure to build equestrian facilities, finding no justified cancellation or mora.
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