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South Africa decisions
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Body Corporate of Mooiverwacht Scheme No SS61/1988 v Swart (2025/050045) [2025] ZAWCHC 276 (2 July 2025)
The High Court revived a lapsed rule nisi in a boundary dispute, extending interim relief pending a new return date and making no costs order.
Takis v Taylor and Others (20399/2023) [2025] ZAWCHC 137 (25 March 2025)
The High Court rejected a prescription claim over a cottage straddling two erven, finding permissive use and no animus domini, and ordered removal of the respondents’ belongings.
New Invest 197 (Pty) Limited and Another v Moss (2206/2023) [2024] ZAECELLC 48 (1 October 2024)
The court ordered a neighbour to restore access, repair road damage, rehabilitate unlawful earthworks, and pay costs after finding interference with property and environment.
Raleting and Another v Kose (2216/2023) [2024] ZAFSHC 175 (6 June 2024)
The court found that the applicants' belief that no costs order would be granted against them does not constitute an error in the proceedings as contemplated by Rule 42(1)(a). The applicants were aware, through personal service of the notice of motion, that costs orders were sought. Their failure to oppose the application and their mistaken belief regarding costs do not amount to procedural error. The evidence before the original court justified the costs order, as the applicants' lack of cooperation necessitated the application. There was no error in the granting of the costs order, and the…
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TTJ Properties CC v Elmoflex (Pty) Ltd (023727/2024) [2024] ZAGPJHC 365 (22 March 2024)
Urgent spoliation and interim interdict relief granted after a boundary wall was demolished and relocated, dispossessing the applicant of land it occupied.
Burglar Alarm & Remote Control Services CC v Brits (8917/2019) [2024] ZAWCHC 32 (7 February 2024)
The court held that a fence marked the boundary for more than 30 years and declared the plaintiff owner of the disputed strip by acquisitive prescription.
Balobedu Ba Modjadji Traditional Council and Others v Phillia and Others (6043/2020) [2023] ZALMPPHC 52 (10 July 2023)
The High Court granted condonation for a late leave-to-appeal filing but dismissed the application, finding no reasonable prospect of success.
Steenkamp N.O and Others v Nel and Another (4901/22) [2023] ZAWCHC 176 (26 May 2023)
The court found that the applicants established a prima facie right to undisturbed possession and use of the blue road and protection of Portion 23. There was a well-grounded apprehension of harm, as the respondents had previously erected fences and closed gates with the intention of obstructing the applicants' access. The balance of convenience favoured the applicants, as granting the interim interdict would restore the status quo and prevent prejudice to their farming operations, while not causing significant prejudice to the respondents. No satisfactory alternative remedy was available, as…
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Waterfall Community v Mtyingizane and Others (4181/2019) [2022] ZAECMHC 51 (1 December 2022)
The High Court granted Waterfall Community a final interdict against respondents who disrupted site demarcation and allegedly threatened its members.
Langebosch (Pty) Ltd v Lubbe and Another (A221/2019) [2019] ZAWCHC 169 (10 December 2019)
The High Court held that a fence narrowing a 3-metre servitude road to 3.6 m or less unlawfully interfered with the dominant owner’s servitude rights.
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