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Shrives N.O and Others v Sammaritano and Others (2023-120777) [2024] ZAGPJHC 59 (9 January 2024)
The High Court dismissed an urgent interdict seeking restoration of a drainage pipe, finding no prima facie right and no balance of convenience in the applicants’ favour.
Mondoclox (PTY) Ltd v Branch and Another (3581/2021) [2022] ZAECMKHC 118 (15 December 2022)
The court found that the outbuilding on the first respondent's property was erected over the building line without the written consent of the previous owner and without proper municipal approval for such encroachment. The respondent failed to provide credible evidence of consent or approval. The applicant's claim was not prescribed, as the relief sought did not constitute a 'debt' under the Prescription Act. The applicant's director was duly authorised to institute proceedings. The court held that the appropriate remedy was a partial demolition order, subject to the outcome of an engineering…
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