TOTAL OR PARTIAL DEMOLITION OF ILLEGAL CONSTRUCTION: SCA CAUSES CONFUSION BSB International Link CC v Readam South Africa (Pty) Limited Recently in Lester v Ndlambe Municipality and another, the Supreme Court of Appeal held that a court hearing an application in
Read MoreZONING: DOES ‘INFORMAL HOUSING’ CONSTITUTE ‘DWELLING HOUSES’? Educated Risk Investments 165 (Pty) Ltd v Ekurhuleni Metropolitan Municipality (308/2015) [2016] ZASCA 67 (20 May 2016) This matter deals with the clash of interests between a developer of a township and the
Read MoreBONDHOLDER’S SALE CONSENT DOES NOT TALLY WITH ACCEPTED TERMS OF OFFER Gerber v Naidoo and Another (3048/2015) [2016] ZAECPEHC 11 (25 February 2016) This matter deals with the sale agreement that came into existence after liquidators’ offer to sell property
Read MoreDEVELOPER’S REVERSIONARY RIGHT PRESCRIBES Bondev Midrand (Pty) Limited v Ramokgopa (72637/2013) [2015] ZAGPPHC (27 October 2015) Developers often include a clause in their agreements requiring purchasers to erect buildings on the stands bought within a given time, so as to
Read MoreA PROMISE TO PAY NEEDS MORE THAN GOOD INTENTIONS Nedbank Limited v Blue Sands Trading 537 CC and Others (9840/2014) [2016] ZAKZDHC 4 (15 February 2016) Often when times are tough, homeowners approach their bondholders to negotiate alternative repayment terms.
Read MoreDAMAGES CLAIM FOR AGENT PREVENTED FROM PERFORMING MANDATE Lushaka Investments (Pty) Ltd v JHI Properties (Pty) Ltd (A5085/2014) [2016] ZAGPJHC 45 (31 March 2016) Granting an exclusive mandate to an agent generally means that, for a determined period of time,
Read MoreMAKE USE OF INTERNAL REMEDIES! Christina Friederike CC v Quartet Body Corporate and Others (2013/19206) [2016] ZAGPJHC 35 (2 March 2016) The judgment deals with the mud-slinging between two sectional title owners regarding renovations to their units and leaks allegedly
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