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Xstream Holdings (Pty) Ltd and Others v Chicky Investments (Pty) Ltd and Another (2023/066319) [2023] ZAGPPHC 601 (21 July 2023)
Urgent interdict proceedings over a right-of-way servitude were struck from the roll because the court found the dispute was not urgent.
Department: Rural Development & Land Reform and Another v Jacobs N.O. and Another (9774/2013) [2014] ZAGPPHC 961 (28 November 2014)
The High Court confirmed a registered right of way servitude over a farm, held the lessee had standing, and granted a final interdict restoring access.
Burger v Oppimex (Edms) Bpk and Others (1766/2006) [2011] ZANWHC 11 (10 March 2011)
The court granted a spoliation order over a right of way, finding the applicant had been unlawfully deprived of access by a locked gate and ploughed road.
koch and Others v Backer (60243/2009) [2010] ZAGPPHC 245 (24 December 2010)
The court found that the applicants had established undisturbed possession and use of the road for many years, and that the respondent's actions—erecting and locking gates, removing the signboard, and obstructing access—constituted unlawful deprivation of possession without following any legal process or obtaining consent. The interim arrangement of providing keys was inadequate and did not restore undisturbed possession, as it failed to accommodate the applicants' families, employees, and emergency services. The alternative route was unsuitable and did not remedy the deprivation. The respond…
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