Spilhaus Property Holdings (Pty) Limited and Others v MTN Mobile Telephone Networks (Pty) Limited and Another

Case Number:
CCT82/18
Citations:
[2019] ZACC 16
Citations:
2019 (6) BCLR 772 (CC)
Citations:
2019 (4) SA 406 (CC)
Judge:
Jafta J
Hearing Date:
7 February 2019
Judgment Date:
24 April 2019
Case History:
Application for leave to appeal against a judgment of the SCA: Mobile Telephone Networks (Pty) Ltd and Another v Spilhaus Property Holdings (Pty) Ltd and Others (208/2017) [2018] ZASCA 16; 2018 (3) SA 396 (SCA) (15 March 2018). The SCA had overturned a judgment of the Cape Town High Court: Spilhaus Property Holdings (Pty) Ltd and Others v MTN Mobile Telephone Networks (Pty) Ltd and Others (13621/2014) [2016] ZAWCHC 215 (3 November 2016).
Synopsis:
Sectional Titles Act 95 of 1986 — locus standi — body corporate Individual owners — section 41 — common law right — enforcement of compliance with zoning scheme regulation
Judgment:
Full judgment

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