FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD?
Wingate Body Corporate v Pamba and Another (33185/2021) [2022] ZAGPPHC 46 (21 January 2022)
The Community Schemes Ombud Service provides for a dispute resolution mechanism in community schemes. In establishing this service, the legislature had intended that it becomes the primary forum for the adjudication and resolution of disputes that fall within the wide ambit of the Ombud’s jurisdiction. When there is a dispute between the management and a resident, the choice to go to court “just because you can” rather than to the Ombud, might cost you. The judgment below is a case in point.
The Judgment
Summary of the Judgment
NO WRITTEN AGREEMENT, NO TRANSFER OF PROPERTY
Huma v Kruger N.O. and Others (39164/2020) [2022] ZAGPJHC 70 (16 February 2022)
Often, whether between ex-spouses, family members or business partners, persons make deals regarding their property outside of the usual framework where an estate agent or attorney is involved. They are then not advised of the requirement that the transaction must be recorded in a written agreement, and signed, to be valid. The judgment discussed here is just such a scenario where ex-spouses (apparently) agreed orally on a “hand-over” of the home, the receiving ex-spouse also taking over the bond repayments. When one passes away, can the other claim that he is the owner of the home?
