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South Africa decisions
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University of Pretoria v Roger and Others (61693/2019) [2023] ZAGPPHC 1203 (18 September 2023)
The High Court restricted bars near the University of Pretoria from operating outside land-use rights and granted relief against nuisance and unlawful use.
Van Niekerk v Coetzee and Another (41880/16) [2022] ZAGPPHC 566 (10 August 2022)
The court allowed withdrawal of an interdict application, but ordered party-and-party costs for the initial stage and attorney-and-client costs after answering papers.
Main Road Centurion 30178 (Pty) Ltd v Fixtrade 378 (Pty) Ltd and Others (2010/2020) [2021] ZAECPEHC 2 (21 January 2021)
The applicant failed to satisfy the requirements for an interim interdict. While a prima facie right was established as an existing pharmacy owner, the applicant did not demonstrate irreparable harm, as its allegations were generic and unsupported by evidence. The balance of convenience did not favour the applicant, given the respondents' financial commitments and compliance with licensing procedures. The applicant had an alternative remedy in the form of a damages claim, and the process of discovery would assist in quantifying any loss. Material disputes of fact existed regarding the legalit…
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Patmar Explorations (Pty) Ltd and Others v Limpopo Development Tribunal and Others (67446/2012) [2015] ZAGPPHC 1089 (24 June 2015)
The court held that the Limpopo Development Tribunal was not divested of its powers to consider and approve land development applications submitted before the expiry of the suspension period of constitutional invalidity of Chapters V and VI of the Development Facilitation Act. The Constitutional Court's judgment did not bar tribunals outside Johannesburg and eThekwini from finalising such applications, and the declaration of invalidity was not retrospective. The applicants failed to establish that the Tribunal lacked authority or that the approval was unlawful on the sole ground advanced. Pro…
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Trumper Trading 166 CC v Kouga Municipality (795/13) [2015] ZASCA 18 (18 March 2015)
The Supreme Court of Appeal held that a bottle store on land zoned “special business” still needed municipal consent and dismissed the appeal with costs.
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