Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019)
Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14; [2020] 2 All SA 89 (WCC); 2020 (4) SA 234 (WCC) (27 February 2020)
The court found that the mushroom composting activities conducted by the appellants on MD93 produced offensive odours, including ammonia and hydrogen sulphide, which regularly and unpredictably invaded neighbouring properties, making living conditions intolerable and impairing the reasonable enjoyment of those properties. The evidence established that the nuisance was ongoing and not merely isolated, and that previous remedial steps had failed to abate the problem. The court held that, in light of constitutional and statutory provisions protecting the right to an environment not harmful to he…
Source excerpt
- Nuisance
- Offensive Odours
- Interdict
- Reasonableness
- Constitutional Right To Environment
- Pollution Prevention