Mount Amanzi Share Block Limited v The Body Corporate of Windsor Heights Sectional Title Scheme and Others

Mount Amanzi Share Block Limited operates a timeshare resort and supplies essential services and access to facilities to the neighbouring Windsor Heights Sectional Title Scheme in terms of a registered notarial deed of servitude. The deed entitles Mount Amanzi to determine, in its discretion, annual levies payable by Windsor Heights for services such as water, sewerage, security, maintenance, and access to recreational facilities. A dispute arose after Mount Amanzi increased levies for 2014. Windsor Heights alleged that Mount Amanzi unlawfully restricted access to facilities and property to coerce payment, constituting spoliation, and sought interdictory relief. Mount Amanzi denied spoliation and counter-applied for a declaratory order enforcing the levies. The High Court granted spoliation and interdictory relief and dismissed the counter-application, finding irresoluble disputes of fact. Mount Amanzi appealed to the Supreme Court of Appeal.

The appeal succeeded with costs. The High Court order was set aside. The main application was dismissed with costs. In the counter-application, Windsor Heights was declared liable to pay levies calculated at 7.6% of Mount Amanzi’s 2014 budget for specified services, ordered to pay R40,208.75 per month for 12 months from 1 October 2014 with interest, and to pay Mount Amanzi’s costs jointly and severally.

The case clarifies that spoliation requires proof of actual dispossession, not mere inconvenience or disputed motives. It affirms that discretionary powers to determine levies under a notarial deed of servitude remain enforceable unless validly amended by a registered deed, and that a bare denial does not create a genuine dispute of fact. The judgment is significant for sectional title schemes, share block companies, and the enforcement of servitude-based service arrangements.