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Wulffers v Boxer Dale Holdings (Pty) Ltd and Others (1224/2021) [2022] ZASCA 172 (1 December 2022)
The Supreme Court of Appeal held that disputed facts about a right-of-way route could not be resolved on affidavit and dismissed the application.
Boxerdale Holdings (Pty) Ltd and Others v Wulffers (3543/2019) [2020] ZAECPEHC 36 (29 September 2020)
The court dealt with a disputed right of way over subdivided farm land, rejecting the claim to an agreed informal route but confirming a servitude for the landlocked portion.
Theta Mining (Pty) Ltd and Another v The Sydney on Vaal Communal Property Association and Others (1535/2017) [2018] ZANCHC 17 (9 February 2018)
The court found that the applicants established a prima facie right to traverse Than farm to access Droogeveldt farm, either by immemorial usage or necessity, pending final determination in the action. The MPRDA does not prohibit such access, and the administrative acts granting mining rights remain valid until set aside. The respondents' arguments based on statutory remedies, res judicata, and sterilisation of public road rights by mining permits were rejected. The balance of convenience favoured the applicants, who undertook to comply with reasonable health and safety requirements. No alter…
Source excerpt
Sanders N.O. and Another v Edwards N.O. and Others (A 36/2002) [2002] ZAWCHC 60; [2003] 1 All SA 108 (C); 2003 (5) SA 8 (C) (7 November 2002)
The court held that a way of necessity could be granted for the southern part of a farm despite existing access from the north, because the alternative access was informal and inadequate.
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