Moropa and Another v Ramonyai (048126/2023) [2024] ZAGPJHC 738 (2 August 2024)

Moropa and Another v Ramonyai (048126/2023) [2024] ZAGPJHC 738 (2 August 2024)

The court found that the respondent unlawfully interfered with the applicants' servitude rights by attempting to control access to the servitude area, imposing conditions on contractors and visitors, and storing rocks that obstructed the driveway. The servitude grants the applicants, their agents, contractors, and visitors reasonable access to their property, and the respondent has no right to restrict such access or lay down conditions. The surveyor's report established that the disputed section of the boundary wall is situated entirely on the applicants' property, entitling them to declaratory relief regarding ownership. The respondent's ongoing conduct and refusal to remove the rocks...

Citation
[2024] ZAGPJHC 738
Parties
Applicant: Leboang Moropa; Applicant: Seipati Portia Moropa; Respondent: Morwesi Ramonyai
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 August 2024
Case Number
048126/2023
Procedural Posture
Declaratory and Interdict Application / Judgment
Outcome
Application granted. Declaratory and interdictory relief awarded in favour of the applicants. Costs awarded on a party and party scale.
Judges
Keightley
Legal Topics
Servitude Right of Way, Boundary Wall Ownership, Interdict, Neighbour Dispute, Declaratory Relief
Land and Property Civil Procedure Servitude Right of Way Boundary Wall Ownership Interdict Neighbour Dispute Declaratory Relief

Case Brief

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Parties

Leboang Moropa

Applicant

Seipati Portia Moropa

Applicant

Morwesi Ramonyai

Respondent

Procedural Posture

Declaratory and Interdict Application / Judgment

Legal Issues

  1. 1 Whether the respondent unlawfully interfered with the applicants' servitude right of way.
  2. 2 Whether the applicants are entitled to declaratory relief regarding ownership of the boundary wall.
  3. 3 Whether the respondent may restrict access to the servitude by the applicants' agents, contractors, or visitors.

Ratio Decidendi

The court found that the respondent unlawfully interfered with the applicants' servitude rights by attempting to control access to the servitude area, imposing conditions on contractors and visitors, and storing rocks that obstructed the driveway. The servitude grants the applicants, their agents, contractors, and visitors reasonable access to their property, and the respondent has no right to restrict such access or lay down conditions. The surveyor's report established that the disputed section of the boundary wall is situated entirely on the applicants' property, entitling them to declaratory relief regarding ownership. The respondent's ongoing conduct and refusal to remove the rocks...

Court Disposition

Application granted. Declaratory and interdictory relief awarded in favour of the applicants. Costs awarded on a party and party scale.

Orders

  • It is declared that the ownership of the boundary wall as depicted by the lines A to B on the plan of Brian Viljoen & Partners vests in the Applicants.
  • The Respondent shall not interfere with the Applicants' ownership of the boundary wall.