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South Africa Case Law

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Land And Property [2024] ZAGPJHC 59

Shrives N.O and Others v Sammaritano and Others (2023-120777)

Shrives N.O and Others v Sammaritano and Others (2023-120777) [2024] ZAGPJHC 59 (9 January 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2023-120777
Judge
G S Myburgh

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.

  • Interim Interdict
  • Natural Flow Of Water
  • Stormwater Drainage
  • Praedial Servitude
  • Municipal Land Use Scheme
  • Interim-interdict
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Land And Property [2009] ZASCA 160

Pappalardo v Hau (63/08)

Pappalardo v Hau (63/08) [2009] ZASCA 160; 2010 (2) SA 451 (SCA) ; [2010] 2 All SA 338 (SCA) (30 November 2009)

Court
Supreme Court of Appeal
Case number
63/08
Judges
Streicher, Heher, Hurt, Leach, Griesel

The SCA held that a lower-lying owner need only accept the natural flow of water, and the upper owner failed to prove that flow or justify drainage onto the neighbour’s land.

  • Neighbour Law
  • Drainage Rights
  • Urban Servitudes
  • Natural Flow Of Water
  • Neighbour-law
  • Stormwater-drainage
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.