South Africa Case Law

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22)

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22) [2025] ZAWCHC 332 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

3644/22

Judge

Bosch

The court found that the issues raised by the special pleas of prescription and settlement are not sufficiently discrete from the merits of the main action. There is a substantial risk of overlapping evidence, duplication, and potential delays, especially given the ongoing nature of the alleged nuisance and the possibility of appeals. The evidence required for the special pleas would likely be relevant to the merits, and separating them would not result in significant savings of time or costs. The court exercised its discretion to refuse the separation, concluding that it would not be conveni…

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• Separation Of Issues
• Rule 33 4
• Prescription
• Settlement Agreement
• Standing
• Nuisance

Small v Centurion Country Club (Pty) Ltd and Another (133295/2024)

Small v Centurion Country Club (Pty) Ltd and Another (133295/2024) [2025] ZAGPPHC 520 (29 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

133295/2024

Judge

J.S. Nyathi

The applicant established a prima facie right to protection from unreasonable risk posed by the design of the 12th hole as a par 5. Photographic and factual evidence demonstrated that the risk of bodily injury and property damage was real and not merely speculative. The respondent's statistics did not negate the applicant's reasonable apprehension of harm, especially given the history of incidents and the flawed design acknowledged by the respondent. The balance of convenience favoured the applicant, as the interim relief would prevent further harm pending final determination. There was no ad…

Source excerpt

• Interim Interdict
• Nuisance
• Dangerous Property Design
• Balance Of Convenience
• Irreparable Harm

Sunset Ridge Homeowners Association v Van Deventer N.O and Others (Leave to Appeal) (35234/2022)

Sunset Ridge Homeowners Association v Van Deventer N.O and Others (Leave to Appeal) (35234/2022) [2025] ZAGPPHC 400 (14 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

35234/2022

Judge

K Mogale

The High Court granted leave to appeal in a dispute over municipal enforcement, nuisance remediation, and town-planning compliance at the Jobica property.

• Municipal Town Planning
• Nuisance
• Remediation Orders
• Leave To Appeal
• Mandamus
• Health And Safety Compliance

Isaac v Isaac and Others (D6418/2022)

Isaac v Isaac and Others (D6418/2022) [2025] ZAKZDHC 2 (14 January 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D6418/2022

Judge

Bond

The court granted Logashini Isaac leave to intervene in pending nuisance litigation, held she had a direct and substantial interest, and allowed her affidavit to stand as supplementary evidence.

• Intervention Application
• Locus Standi
• Abatement Of Nuisance
• Civil-procedure
• Intervention-application
• Locus-standi

Pretorius and Another v Du Preez and Another (6468/24)

Pretorius and Another v Du Preez and Another (6468/24) [2024] ZAMPMHC 70 (19 December 2024)

Court

Middelburg High Court, Mpumalanga

Case number

6468/24

Judge

Malangeni

An urgent nuisance application over barking dogs was struck from the roll because the applicants failed to prove urgency or that ordinary relief would be inadequate.

• Urgency In Motion Proceedings
• Nuisance
• Noise Pollution
• Interim Protection Order
• Urgency-in-motion-proceedings
• Noise-pollution

Sternwood Products (Pty) Ltd and Others v CNR Prop (Pty) Ltd and Others (608/2023)

Sternwood Products (Pty) Ltd and Others v CNR Prop (Pty) Ltd and Others (608/2023) [2024] ZAECQBHC 69 (15 October 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

608/2023

Judge

Brody

The High Court referred a Markman manganese dust nuisance dispute to trial, finding material factual disputes and awarding costs against the applicants.

• Nuisance
• Environmental Pollution
• Dust Control
• Municipal Regulation
• Referral To Trial
• Expert Evidence

Estate D'Afrique Master Owners Association NPC and Others v Christian Grosch Airboat Africa t/a Airboat Africa @ Harties (23 September 2024) (27875/2022)

Estate D'Afrique Master Owners Association NPC and Others v Christian Grosch Airboat Africa t/a Airboat Africa @ Harties (23 September 2024) (27875/2022) [2024] ZAGPPHC 938 (23 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

27875/2022

Judge

JGW Basson

The High Court dismissed an interdict application over airboat operations on the Crocodile River and Hartbeespoort Dam, finding insufficient objective proof of nuisance or environmental harm.

• Nuisance
• Noise Pollution
• Interdict
• Environmental Conservation Act
• Merchant Shipping Regulations
• Proof Of Evidence

Camps Bay Investment Trust Proprietary Limited v Infusion Social Club Camps Bay Propriety Limited (14487/2024)

Camps Bay Investment Trust Proprietary Limited v Infusion Social Club Camps Bay Propriety Limited (14487/2024) [2024] ZAWCHC 211 (19 August 2024)

Court

Western Cape High Court, Cape Town

Case number

14487/2024

Judge

Wille

The High Court granted urgent eviction after finding the tenant had materially misrepresented its business by concealing cannabis-related trade from the landlord.

• Eviction Of Commercial Tenant
• Misrepresentation
• Breach Of Lease
• Nuisance
• Urgent Interdict
• Non Disclosure

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another (21/31801)

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another (21/31801) [2024] ZAGPJHC 731 (13 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21/31801

Judge

C Todd

The High Court dismissed a trust’s claim for constitutional damages against Emfuleni Municipality, finding no proven section 34 breach or causal link to the alleged loss.

• Constitutional Damages
• Municipal Bylaw Enforcement
• Nuisance
• Causation
• Access To Courts
• Structural Interdict

Sunset Ridge Estate Home-Owners Association v Van Deventer and Others (035234/2022)

Sunset Ridge Estate Home-Owners Association v Van Deventer and Others (035234/2022) [2024] ZAGPPHC 220 (5 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

035234/2022

Judge

K J Mogale

A homeowners association failed to obtain declarations that occupiers were unlawful or to compel municipal services, but secured nuisance-remediation orders against the property trustees.

• Nuisance
• Default Judgment
• Locus Standi
• Declaratory Relief
• Municipal Services
• Neighbour Law