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South Africa decisions
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Horn v Ceronio N.O and Others (3395/2020) [2021] ZAFSHC 101 (6 May 2021)
The court granted a final interdict restraining unlawful business use of property zoned for limited uses under the Bainsvlei Town Planning Scheme.
City of Cape Town v Bernado and Another (23466/2010) [2011] ZAWCHC 463 (24 November 2011)
The court held that the amendment to the notice of motion is sufficiently related to the legal foundation established in the founding papers, which focused on the unlawful use of a residentially zoned property for business purposes. There is no substantive prejudice or injustice to the respondents, as they concede the property is zoned residential and the legal basis for relief is clear. The late filing of the amendment was adequately explained and not vigorously opposed. The opposition to the amendment was found to be unreasonable, justifying a costs order on an attorney and client scale, li…
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