Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)

Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)

The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a direct and substantial interest in the dispute, and the pending CSOS referrals did not concern the...

Citation
[2025] ZAKZDHC 24
Parties
Applicant: Aavishkar Chundhur; Respondent: Sandeer Rampersad
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
8 May 2025
Case Number
D7934/2020
Procedural Posture
Civil Application / Final Judgment After Opposed Application and Supplementary Affidavits
Outcome
Application for demolition dismissed; compensation and transfer of encroached area ordered.
Judges
Henriques
Legal Topics
Encroachment, Neighbour Law, Compensation for Encroachment, Joinder, Lis Pendens, Sectional Title Schemes
Land and Property Civil Procedure Encroachment Neighbour Law Compensation for Encroachment Joinder Lis Pendens Sectional Title Schemes

Case Brief

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Parties

Aavishkar Chundhur

Applicant

Sandeer Rampersad

Respondent

Procedural Posture

Civil Application / Final Judgment After Opposed Application and Supplementary Affidavits

Legal Issues

  1. 1 Whether the applicant is entitled to an order for demolition of the respondent's encroaching structures or compensation instead.
  2. 2 Whether the failure to join the body corporate, municipality, and CSOS constitutes a fatal non-joinder.
  3. 3 Whether the defence of lis pendens applies due to pending CSOS referrals.

Ratio Decidendi

The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a direct and substantial interest in the dispute, and the pending CSOS referrals did not concern the...

Court Disposition

Application for demolition dismissed; compensation and transfer of encroached area ordered.

Orders

  • The relief in paragraph 1 of the notice of motion is dismissed.
  • The respondent is directed to pay the applicant the sum of R11,500.00 as compensation for the encroachment, which is 46m² in extent.