Property Law Non observance of procedures does not necessarily annul an expropriation Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation. This was held in Ivory Venue Limited…MMA EditorSeptember 26, 2021
Property Law Court does not give weight to government rent subsidy in deciding rent increases The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent. This was held by the…Marthese HiliJune 27, 2021
Civil LawProperty Law If one wants to file an action for a retrial, the appropriate procedure must be used Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure.…MMA EditorJune 13, 2021
Civil LawProperty Law There must be a clear understanding in a Prestanome arrangement A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’…Marthese HiliMay 2, 2021
Property Law Commercial leased properties must be made use of Commercial premises will be terminated if it is not being made use of.MMA EditorJanuary 31, 2021
Property Law Rethinking the Commercial Real Estate Industry beyond the COVID-19 outbreak The commercial real estate industry is exclusively used for business-related purposes or to provide a workspace to business owners. Although some businesses would seek to…Marthese HiliNovember 9, 2020
Financial ServicesProperty Law Tax valuation takes into consideration whether airspace can be developed For the purposes of tax valuation, the Tax Commissioner is able to consider whether airspace purchased can be developed.Marthese HiliOctober 18, 2020
Civil LawProperty Law Court costs may be apportioned amongst the parties The Court may apportion the court costs of a case to both parties and not necessarily to the party that lost the case.Marthese HiliOctober 4, 2020
Property Law Although Lands Authority took their time, they did it correctly The Lands Authority have a legal duty to decide on all aspects of public property and had a right to refuse an application to increase…MMA EditorAugust 14, 2020
Property Law Debtor must prove set-off if it is being claimed If a debtor claims that the debt is paid through a set-off then it is the debtor who has to prove this and not the…MMA EditorJuly 31, 2020