Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town offices of STBB. She is an admitted Attorney, Notary Public and Conveyancer with many years of experience in the field of property law and conveyancing. She is also the firm's Marketing Director and attends to external publications for the firm as well as conducts ongoing training for estate agent and bankers training and is a regular seminar presenter for attorneys and property practitioners.

Property Law Update | Issue 11 – 2016

MAKE 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 caused as a result. The court cautions that before a final interdict is sought, parties should make sure to first exhaust available internal remedies provided in the scheme’s rules, as a final interdict is a drastic remedy and will not be granted without more.

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The Judgment
Summary of the Judgment

 

STANDING SURETY: KNOW WHAT YOU SIGN

Standard Bank of South Africa Ltd v Herselman (328/2015) [2016] ZAFSHC 39 (3 March 2016)

There are many reported judgments where one party seeks to escape liability under a suretyship. A defence that the implications of the document was not explained, despite wording in the agreement requiring the signatory to acknowledge that all has been explained to him/her, are common. The present matter is another such example and highlights how important it is to read the details of the agreement, before putting pen to paper.

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The Judgment
Summary of the Judgment