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Cuje-Jakoby

8 August 2007

Section 44(1)(g) of the Sectional Titles Act 95 of 1986 ("the Act") reads as follows:

"44. Duties of owners.-(1) An owner shall-
(g) when the purpose for which a section is intended to be used is shown expressly or by implication on or by a registered sectional plan, not use nor permit such section to be used for any other purpose: Provided that with the written consent of all owners such section may be used for another purpose."

In Cujè-Jakoby and Another v Kaschub and Another 2007 (3) SA 345 (C), Traverso DJP granted an application in terms of s 44(2)(a) in which the first respondent would not give her written consent to convert certain garages into a laundry, rest-room and ironing room even though she had no reasonable grounds for her refusal. She found the refusal fanciful, irrational and prejudicial, in fact unfair in the sense of being unreasonable.

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