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South Africa Case Law

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Civil Procedure [2024] ZANWHC 206

WJB Stieger Konstruksie (Pty) Ltd v Janse van Vuuren (CIV APP FB 8/2024)

WJB Stieger Konstruksie (Pty) Ltd v Janse van Vuuren (CIV APP FB 8/2024) [2024] ZANWHC 206 (8 August 2024)

Court
North West High Court, Mafikeng
Case number
CIV APP FB 8/2024
Judges
J T Djaje, R D Hendricks, A H Petersen

The court held that the respondent had the minimum facts required to institute a claim against the appellant as of December 2017, when the structural defects were confirmed and the breach of contract was apparent. The statutory warranty under the Housing Consumer Protection Measures Act did not impose any condition or period that would delay the running of prescription. The respondent's reliance on the appellant's refusal to repair as the trigger for prescription was misplaced. Prescription commenced in December 2017 and was not interrupted. The respondent's claim became prescribed in Decembe…

Source excerpt

  • Prescription Act
  • Contractual Damages
  • Statutory Warranty
  • Housing Consumer Protection
  • Special Plea
  • Structural Defects
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Land And Property [2014] ZAKZDHC 63

De La Harpe v Body Corporate of Bella Toscana (10088/2013)

De La Harpe v Body Corporate of Bella Toscana (10088/2013) [2014] ZAKZDHC 63 (28 October 2014)

Court
Kwazulu-Natal High Court, Durban
Case number
10088/2013
Judge
M R Chetty

The court found that the garden wall in question encloses the applicant's exclusive use area and, in terms of section 37(1)(b) of the Sectional Titles Act, the responsibility for its repair and maintenance falls on the applicant as the exclusive beneficiary. The applicant failed to establish breaches of statutory duties or substantial prejudice sufficient to justify the appointment of an administrator under section 46. The court dismissed the main application and granted the respondent's counter-application, ordering the applicant to remediate, demolish, and rebuild the wall at her own cost,…

Source excerpt

  • Sectional Titles Act
  • Exclusive Use Area Liability
  • Appointment Of Administrator
  • Special Levy
  • Structural Defects
  • Maintenance Obligations
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Civil Procedure [2005] ZAGPHC 66

Primegro Properties Limited v International Truss Systems (Pty) Ltd and Another (8803/03)

Primegro Properties Limited v International Truss Systems (Pty) Ltd and Another (8803/03) [2005] ZAGPHC 66 (10 June 2005)

Court
High Courts - Gauteng
Case number
8803/03
Judge
FHD Van Oosten

The court held that the plaintiff's main claim based on cession of contractual rights under the ITS-guarantee failed because the particulars of claim did not allege that the first defendant was a nominated or selected sub-contractor as required by clause 4.2 of the building contract. Therefore, no cession of rights occurred from Stocks to Tembrook and then to the plaintiff. The first exception was upheld and the main claim set aside. Regarding the first alternative claim in delict, the court found that the particulars of claim contained sufficient allegations to establish a prima facie case o…

Source excerpt

  • Exception To Particulars Of Claim
  • Cession Of Contractual Rights
  • Duty Of Care
  • Negligent Misrepresentation
  • Structural Defects
  • Building Contracts
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.