South Africa Case Law

Jumba v Jumba and Another (2502/2023)

Jumba v Jumba and Another (2502/2023) [2024] ZAECMHC 82 (24 October 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2502/2023

Judge

Mqobi

The court found that the applicant is the legally recognised senior traditional leader and head of the Jumba Traditional Council in Tabase Administrative Area. The first respondent admitted to using a headman's stamp and issuing letters, despite not being legally appointed as headman. His denials regarding other conduct were not sufficiently substantiated and failed to raise a genuine dispute of fact. The applicant established a clear right to oversee traditional leadership in her jurisdiction. The first respondent's conduct constituted an injury to the applicant's rights and those of the com…

Source excerpt

• Final Interdict
• Traditional Leadership
• Clear Right
• Injury Committed Or Apprehended
• Alternative Remedy
• Plascon Evans Principle

South African National Roads Agency Ltd and Others v Le Roux NO and Others (A27/08)

South African National Roads Agency Ltd and Others v Le Roux NO and Others (A27/08) [2009] ZAFSHC 122 (3 December 2009)

Court

Free State High Court, Bloemfontein

Case number

A27/08

Judge

P.U. Fischer

Leave to appeal against a final interdict was dismissed. The court held the respondents showed apprehended injury and no adequate alternative remedy.

• Final Interdict
• Mandament Van Spolie
• Access To Land
• Injury Committed Or Apprehended
• Absence Of Alternative Remedy
• Final-interdict