COURT ALLOWS BODY CORPORATE TO CUT ELECTRICITY TO SECTION Body Corporate The S[…] v Katisi (2023/031774) [2025] ZAGPJHC 2 (3 January 2025) Sound administration of a sectional title scheme cannot be achieved or maintained without collection of contributions due to
Read MoreCYBERCRIME: DEBTOR TO SEEK OUT HIS CREDITOR Gripper & Company (Pty) Ltd v Ganedhi Trading Enterprises CC (4725/2024) [2024] ZAWCHC 352 (6 November 2024) Cybercrime is rampant. Schemes that divert money legitimately owed to one person to unauthorised bank accounts
Read MoreBEWARE POTENTIAL HISTORICAL DEBT LIABILITY IN AN EXECUTION SALE Langlaagte Truck and Car CC v Ethekwini Municipality (9219/2023P) [2024] ZAKZPHC 94 (31 October 2024) In past years, there has been much controversy regarding liability for historical debt on a property
Read MoreATTEMPTING REVIVAL OF A SALE AGREEMENT BY WAY OF AMENDMENT Maria Luisa Palma Codevilla v Paula Jane Kennedy-Smith NO and Others (494/2023) [2024] ZASCA 136 (10 October 2024) Property sale agreements often have suspensive conditions, allowing a purchaser to indicate
Read MoreMUNICIPAL CLEARANCE CERTIFICATES – MAY THE AMOUNT CLAIMED INCLUDE INTEREST ON ARREARS? Moatshi v City of Tshwane Metropolitan Municipality (45183/2018) [2024] ZAGPPHC 331 (11 April 2024) This judgment investigated whether section 118(1) of the Local Government: Municipal Systems Act allows
Read MoreCOURT SCRUTINISES WHETHER PROPERTY BROKER’S SERVICES REQUIRED FAIS REGISTRATION Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023) [2024] ZAWCHC 219 (23 August 2024) This dispute involves a property broker’s claim for commission after
Read MoreWessel Hamman Trust and Others v Emfuleni Local Municipality and Another ZAGPJHC 731 (13 August 2024) There exists precedent in our law for awarding constitutional damages to a party where such party’s constitutional rights have been affected. In this judgment,
Read MoreClub Kerkira (Pty) Limited v Trustees of Club Kerkira Body Corporate and Others ZAKZDHC 40 (4 June 2024) The Kerkira sectional title scheme development was opened in 1992 on a large piece of land, some 44 hectares in extent. It
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