South Africa Case Law

Great Force Investments 124 (Pty) Limited v Surveyor-General, Cape Town and Others (4348/2013)

Great Force Investments 124 (Pty) Limited v Surveyor-General, Cape Town and Others (4348/2013) [2015] ZAWCHC 127; [2015] 4 All SA 322 (WCC) (25 August 2015)

Court

Western Cape High Court, Cape Town

Case number

4348/2013

Judge

Gamble

The court found that the Surveyor-General's decision to add Servitude Note 3 to Survey Diagram 1489/1999 was based on incorrect facts and unfounded assumptions, particularly the conflation of a 'farm road' with a registered servitude and the presumption of inaccuracy in older survey diagrams without proper basis. The decision lacked logic and rationality and was therefore reviewable on grounds of legality and rationality. The court further held that the applicant did not unreasonably delay in launching review proceedings, as it only became aware of the administrative action in December 2012 a…

Source excerpt

• Servitude Registration
• Review Of Administrative Action
• Delay Rule
• Land Survey Act
• Civiliter Modo

Shell South Africa Marketing (Pty) Ltd and Another v Haku (1581/11)

Shell South Africa Marketing (Pty) Ltd and Another v Haku (1581/11) [2013] ZAECMHC 6 (26 March 2013)

Court

Eastern Cape High Court, Mthatha

Case number

1581/11

Judge

B C Hartle

Boundary and encroachment dispute over adjoining properties was not resolved on affidavit evidence, so the High Court referred the matter to trial.

• Boundary Dispute
• Encroachment
• Deeds Registries Act
• Land Survey Act
• Motion To Trial
• Boundary-dispute