South Africa Case Law

City of Johannesburg v Unlawful Occupiers Of Various Units of Various Units At Donovan Macdonald Retirement Centre (2024/090272)

City of Johannesburg v Unlawful Occupiers Of Various Units of Various Units At Donovan Macdonald Retirement Centre (2024/090272) [2024] ZAGPJHC 847 (2 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/090272

Judge

S D J Wilson

The High Court dismissed the City of Johannesburg’s urgent PIE eviction bid from the Donovan MacDonald Retirement Centre for failing to identify the unlawful occupiers and prove imminent harm.

• Urgent Eviction
• Prevention Of Illegal Eviction Act
• Identification Of Unlawful Occupiers
• Municipal Responsibility
• Urgent-eviction
• Pie-act

Mgobozi v Mhlontlo Municipality and Others (70/2017)

Mgobozi v Mhlontlo Municipality and Others (70/2017) [2019] ZAECMHC 29 (4 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

70/2017

Judge

Griffiths

The court found that the applicant's cause of action was based in nuisance, not solely on constitutional grounds. The third respondent, as the district municipality, is statutorily responsible for domestic waste-water and sewage disposal systems, and is regarded as the entity in control of the area between the second respondent and the applicant. The facts established a continuing and serious nuisance caused by seepage of sewerage from the second respondent's premises onto the applicant's property, materially interfering with her comfort and business. The third and fourth respondents failed t…

Source excerpt

• Nuisance
• Municipal Responsibility
• Structural Interdict
• Domestic Wastewater And Sewage
• Abatement Of Nuisance