REJ - Feb 2022

FORUM SHOPPING: WHERE MUST SECTIONAL TITLE DISPUTES BE HEARD? – 25 February 2022

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…

NO WRITTEN AGREEMENT, NO TRANSFER OF PROPERTY – 16 February 2022

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…