Snowy Owl Properties 284 (Pty) Ltd v Mziki Share Block Limited (886/2021)
Snowy Owl Properties 284 (Pty) Ltd v Mziki Share Block Limited (886/2021) [2023] ZASCA 2 (19 January 2023)
The Supreme Court of Appeal held that the arbitration award does not sanction illegal activities, as it pertains to the reinstatement and maintenance of existing servitude roads, not the creation of new roads. The environmental objections raised by the appellant were considered and rejected during arbitration, and the evidence presented before the high court was merely a repetition of arguments already decided. The award is sufficiently clear, referencing documents and inspections attended by both parties, and the appellant is fully aware of the roads and obligations. Maintenance duties under…
Source excerpt
- Servitude Rights
- Arbitration Award Enforcement
- Environmental Authorisation
- Vagueness Of Orders
- Civiliter Modo
- Maintenance Of Roads