South Africa Case Law

Postma v Ebotse Golf and Country Estate Homeowners Association and Another (2023/038695)

Postma v Ebotse Golf and Country Estate Homeowners Association and Another (2023/038695) [2024] ZAGPJHC 379 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/038695

Judge

Siwendu

The High Court upheld an exception to a homeowner’s claim over slope failure at a golf estate, finding the pleaded contract, CPA, and interdict claims defective.

• Exception Procedure
• Homeowners Association Liability
• Contractual Damages
• Consumer Protection Act
• Lateral Support
• Preventative Interdict

Petropulos and Another v Dias (1055/2018)

Petropulos and Another v Dias (1055/2018) [2020] ZASCA 53; [2020] 3 All SA 358 (SCA); 2020 (5) SA 63 (SCA) (21 May 2020)

Court

Supreme Court of Appeal

Case number

1055/2018

Judges

Ponnan, Saldulker, Van Der Merwe, Makgoka, Mokgohloa

The Supreme Court of Appeal held that the duty of lateral support between contiguous properties in South African law extends to both land and buildings, rejecting the English law restriction to land in its natural state. The court found that the excavation works on the first appellant's property breached this duty, causing the slope to mobilise and resulting in substantial damage to the respondent's property. The court accepted the evidence of the respondent's expert, which established a direct causal link between the excavation and the damage. Liability for deprivation of lateral support is…

Source excerpt

• Lateral Support
• Strict Liability
• Causation
• Subsidence
• Neighbour Law
• Remoteness Of Damage