Fedgroup participation bond managers appellant



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THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

JUDGMENT

Reportable

Case No: 20165/2014

In the matter between:

FEDGROUP PARTICIPATION BOND MANAGERS APPELLANT

(PTY) LTD

and


TRUSTEE OF THE CAPITAL PROPERTY TRUST RESPONDENT

COLLECTIVE INVESTMENT SCHEME IN PROPERTY

Neutral citation: Fedgroup Participation Bond Managers v Trustee of the Capital Property Trust [2015] ZASCA 103 (30 June 2015)

Coram: Navsa ADP and Mhlantla, Pillay, Willis and Saldulker JJA

Heard: 19 May 2015

Delivered: 30 June 2015

Summary: Ownership of Land: whether an encroacher can bring an independent cause of action claiming transfer of the encroached – upon land in the absence of a removal order by the owner of the land – Building – Illegal structure – No approval of building plans by local authority.




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