Nunostax (Pty) Ltd and Another v Docrat and Others (A2024/046516)
Nunostax (Pty) Ltd and Another v Docrat and Others (A2024/046516) [2025] ZAGPJHC 242 (4 March 2025)
The court found that the respondents failed to exhaust alternative remedies by not approaching the City of Johannesburg, the entity responsible for enforcing municipal by-laws regarding noise and building encroachment. The noise report relied upon by the respondents was not applicable to the business premises, as the relevant regulations pertain only to workplace environments. The respondents did not provide evidence of building plan transgressions or personal wrongdoing by the second appellant. The three requisites for a final interdict were not satisfied, particularly the absence of a satis…
Source excerpt
- Final Interdict
- Noise Nuisance
- Building Encroachment
- Exhaustion Of Alternative Remedies
- Municipal By Laws
- Occupational Health And Safety