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South Africa decisions
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Oosthuizen v Terblanche (A84/2021, A85/2021, A86/2021) [2022] ZAFSHC 81 (24 March 2022)
High Court appeal over harassment and spoliation disputes between siblings. The protection order was set aside, one spoliation order was confirmed, and the other appeal failed.
Sinbu Industrial Properties (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (2019/76101) [2021] ZAGPPHC 658 (8 September 2021)
The High Court allowed an application to amend a public right-of-way servitude over property in Pretoria and held the municipal ordinance was not triggered.
Rossouw v MEC Free State Department of Police, Roads and Transport and Others (5814/2019) [2020] ZAFSHC 240 (15 October 2020)
The High Court restored the applicant’s right to use gravel road T133, holding that the road’s obstruction was unlawful and that no satisfactory alternative remedy was shown.
Boxerdale Holdings (Pty) Ltd and Others v Wulffers (3543/2019) [2020] ZAECPEHC 36 (29 September 2020)
The court dealt with a disputed right of way over subdivided farm land, rejecting the claim to an agreed informal route but confirming a servitude for the landlocked portion.
McLeroth v Naicker and Others (43885/2018) [2020] ZAGPJHC 177 (11 August 2020)
The applicant, as owner of Portion 29, has acquired a servitude of right of way over Portion 28 by acquisitive prescription, having exercised the right openly, voluntarily, and without hindrance for over 30 years, including the period exercised by her predecessor in title. There was no agreement or legal relationship negating the adverse nature of the use, and the respondents' argument that the use was by agreement is unfounded. The servitude must be registered in perpetuity in favour of the owners of Portions 26, 27, and 29, in accordance with the servitude diagram and draft notarial agreeme…
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Mthobeni v Road Accident Fund (18/23608) [2019] ZAGPJHC 389 (18 June 2019)
The court found that the evidence of the insured driver and her passenger was credible and reliable, corroborating that the plaintiff's minibus was stationary at the intersection, intending to turn right, and moved into the insured driver's lane as she was about to pass. The insured driver had the right of way and could not have avoided the collision. The plaintiff's version was found improbable and unsupported by the physical damage to the vehicles and the sequence of events. The plaintiff failed to discharge the onus of proving negligence on the part of the insured driver. The court held th…
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Dintsi and Another v Van Breda and Another (LCC15/2019) [2019] ZALCC 29 (10 May 2019)
The court found that the applicants have established a prima facie right to interim relief, as they have not abandoned their residence on the farm and their absence was due to health and employment reasons, which do not negate their rights under ESTA. The respondents' conduct in locking the gate and erecting an electric fence without consultation infringed the applicants' right to dignity and access to their homestead. The points in limine raised by the respondents—urgency, non-joinder, lis pendens, and factual disputes—were dismissed as lacking merit. The court held that the applicants are e…
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Meyer v Trustees for the Time Being of the Aurum Mykel Trust (A345/2018) [2019] ZAWCHC 44; 2020 (2) SA 557 (WCC) (29 April 2019)
Appeal over a claimed right of way failed: the court held there was no implied servitude on subdivision and no proof of acquisitive prescription.
Kaya Katsa CC v Le Cao and Another (3368/2017) [2018] ZAFSHC 138 (12 September 2018)
The High Court dismissed claims for fencing contributions, access-control costs, and a zoning interdict, holding the fence served the applicant's game farming and the respondent was not liable.
Theta Mining (Pty) Ltd and Another v The Sydney on Vaal Communal Property Association and Others (1535/2017) [2018] ZANCHC 17 (9 February 2018)
The court found that the applicants established a prima facie right to traverse Than farm to access Droogeveldt farm, either by immemorial usage or necessity, pending final determination in the action. The MPRDA does not prohibit such access, and the administrative acts granting mining rights remain valid until set aside. The respondents' arguments based on statutory remedies, res judicata, and sterilisation of public road rights by mining permits were rejected. The balance of convenience favoured the applicants, who undertook to comply with reasonable health and safety requirements. No alter…
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