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South Africa decisions
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Isaac v Isaac and Others (D6418/2022) [2025] ZAKZDHC 2 (14 January 2025)
The court granted Logashini Isaac leave to intervene in pending nuisance litigation, held she had a direct and substantial interest, and allowed her affidavit to stand as supplementary evidence.
Mgobozi v Mhlontlo Municipality and Others (70/2017) [2019] ZAECMHC 29 (4 June 2019)
The court found that the applicant's cause of action was based in nuisance, not solely on constitutional grounds. The third respondent, as the district municipality, is statutorily responsible for domestic waste-water and sewage disposal systems, and is regarded as the entity in control of the area between the second respondent and the applicant. The facts established a continuing and serious nuisance caused by seepage of sewerage from the second respondent's premises onto the applicant's property, materially interfering with her comfort and business. The third and fourth respondents failed t…
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Heinrich N.O and Others v Eagle Canyon Golf Estate (Pty) Limited and Another (131881009) [2010] ZAGPPHC 286 (30 April 2010)
The High Court dismissed leave to appeal, holding that the respondents had to abate a nuisance caused by golf balls from their property and that the applicants need not pay for it.
Botha v Andrade and Others (578/2007) [2008] ZASCA 120; 2009 (1) SA 259 (SCA) ; [2009] 1 All SA 436 (SCA) (26 September 2008)
The SCA held that magistrates’ court interdict jurisdiction is subject to the monetary limit in s 29(1)(g), measured by the cost of abatement, not business turnover.
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