De-registration of Home Owner’s Associations

The aim of this article is to explain the consequences of the de-registration of Home Owners’ Associations in the Companies Office, and the actions necessary to bring such entities out of de-registration and restore their registration status. Does this affect all Home Owners’ Associations? No. This is only applicable to Home Owners’ Associations that are
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Case Note: Lab-Cor Trading (Pty) Ltd v Blignaut (A643/2014) [2015] ZAGPPHC 357 (8 May 2015)

Summary The Appellant’s claim is based on a written agreement of sale for immovable property entered into between the Respondent and the Seller which was dismissed by the Court a quo. The Appellant relied upon clause 3.4 of the agreement which read that should the sale be cancelled as a result of a defaulting party,
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Case Note: Potters Mill Investments 14 (Pty) Ltd v Abe Swersky & Associates and Others (7218/2006) [2016] ZAWCHC 5 (1 February 2016).

Summary “But we all know, at the same time, that mistakes are made in pleadings, and that it would be a very grave injustice, if for a slip of the pen, or error of judgement, or the misreading of the paragraph in pleadings by counsel, litigants were to be mulcted in heavy costs. That would
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Case note: Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another (CCT211/14) [2015] ZACC 34

Summary This application for leave to appeal raises queries on the content of the law of lease. It concerns an attempt by a petrol wholesaler to evict a licensed petroleum retailer from premises in Soweto where the retailer operated a business under the wholesaler’s brand. The Applicant, is a licenced petroleum retailer in terms of
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Case Note: Mathale v Linda and Another [2015] ZACC 38

Summary The Applicant unlawfully resided on a property in a township (“the Property”) and was in undisturbed possession of that Property for a period of 20 (Twenty) years. The Property was subsequently allocated and transferred to the First Respondent, by the Ekurhuleni Metropolitan Municipality (“the Second Respondent”), following the formalisation of the township. The Applicant
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CASE NOTE : ELLIS AND ANOTHER V CILLIERS N.O AND OTHERS (16936/11) [2015] ZAWCHC 145 (9 October 2015)

SUMMARY The case deals with an application which was brought to court on an urgent basis in 2011 for the restitution of the plaintiffs’ purchase price and the defendants’ property: a wooden house (the “res vendita”) due to structural defects (unlevel floors and ceiling). The Court a quo referred the matter to trial during which
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A TAX TO BIN?

Municipalities levy numerous taxes and service charges against properties located in their jurisdiction. These include charges for electricity consumption and water consumption, which are considered service charges levied against the property. Other charges include property rates and sewer charges which municipalities categorise as taxes levied against the property. Interestingly, the City of Johannesburg Municipality (COJ)
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