Wingaardt and Others v Grobler and Another (CA 57/2009) [2010] ZAECGHC 65; 2010 (6) SA 148 (ECG) (20 April 2010)

Wingaardt and Others v Grobler and Another (CA 57/2009) [2010] ZAECGHC 65; 2010 (6) SA 148 (ECG) (20 April 2010)

The court held that the Appellant failed to establish that the Respondent's conduct in switching on Christmas lighting and hosting associated festivities amounted to a wrongful nuisance. Applying the Plascon-Evans rule, the court accepted the Respondent's version of events, supported by neighbours and charity organizations, and found that the inconvenience and disturbance suffered by the Appellant, while recognized, did not rise to the level of wrongfulness required for legal sanction. The court emphasized that the boni mores and legal convictions of the Jeffreys Bay community did not call for intervention, especially given the limited duration and hours of the lighting, the charitable...

Citation
[2010] ZAECGHC 65
Parties
Appellant: Mona Wingaardt; Respondent: E. Grobler
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
20 April 2010
Case Number
CA 57/2009
Procedural Posture
Civil Appeal / Appeal From Refusal of Final Interdict in Magistrate's Court
Outcome
Appeal dismissed with costs, subject to limitations on the duration and timing of the Respondents' Christmas lighting.
Judges
Alkema, Jones
Legal Topics
Nuisance, Wrongfulness, Balance of Convenience, Interdict, Neighbour Law, Reasonableness
Land and Property Delict Civil Procedure Nuisance Wrongfulness Balance of Convenience Interdict Neighbour Law +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Mona Wingaardt

Appellant

E. Grobler

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Final Interdict in Magistrate's Court

Legal Issues

  1. 1 Whether the switching on of Christmas lighting by the Respondents constitutes a nuisance or disturbance of the Appellant's right to undisturbed use and possession of her property.
  2. 2 Whether the Appellant established on a balance of probabilities that the Respondent's conduct exceeded the bounds of reasonable use and enjoyment of her property.
  3. 3 Whether the inconvenience and disturbance caused to the Appellant is wrongful and attracts legal sanction.

Ratio Decidendi

The court held that the Appellant failed to establish that the Respondent's conduct in switching on Christmas lighting and hosting associated festivities amounted to a wrongful nuisance. Applying the Plascon-Evans rule, the court accepted the Respondent's version of events, supported by neighbours and charity organizations, and found that the inconvenience and disturbance suffered by the Appellant, while recognized, did not rise to the level of wrongfulness required for legal sanction. The court emphasized that the boni mores and legal convictions of the Jeffreys Bay community did not call for intervention, especially given the limited duration and hours of the lighting, the charitable...

Court Disposition

Appeal dismissed with costs, subject to limitations on the duration and timing of the Respondents' Christmas lighting.

Orders

  • The appeal fails with costs and the order of the court a quo is confirmed, subject to the following limitations.
  • The switching on of Christmas lighting on the Respondents' property is limited to the period 14 December to the end of the first week in January each year, from 19h00 to 23h00; the Respondents are prohibited from switching on such lighting at any other time.