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South Africa decisions
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Terblanche and Another v Oosthuizen (3670/2022) [2023] ZAFSHC 266 (4 July 2023)
The High Court dismissed an urgent contempt and interdict application after finding the applicants had not shown urgency or proved a breach of the earlier order on affidavit.
Du Toit and Another v Ravenscroft and Another (M503/2021) [2022] ZANWHC 50 (27 October 2022)
The High Court found no binding lease was concluded, ordered the respondents to restore possession of the property, remove structures and pipes, and pay costs.
Steenkamp v Jammine (23065/2020) [2022] ZAGPPHC 54 (24 January 2022)
Appeal dismissed in a spoliation dispute over a driveway gate. The court held the appellant had not proved peaceful and undisturbed possession of the respondent’s driveway.
Legemaat N.O and Others v Arplorox (Pty) Ltd and Others (60278/2019) [2021] ZAGPPHC 569 (30 August 2021)
The High Court held that the applicants were the registered owners of the land, and that the respondent had no proven servitude, lease, or other right to use the track.
Blendrite (Pty) Ltd and Another v Moonisami and Another (227/2020) [2021] ZASCA 77; 2021 (5) SA 61 (SCA); [2021] HIPR 172 (SCA) (10 June 2021)
The Supreme Court of Appeal held that the respondent's prior access to the server and email address did not constitute quasi-possession of incorporeal property protectable by the mandament van spolie. The use of the server and email address was not an incident of possession of any corporeal property, nor did it arise from a servitude. Instead, any entitlement to such access was a personal right, possibly arising from the respondent's contested directorship or contractual relationship with Blendrite. The court found no basis to distinguish this matter from Telkom SA v Xsinet, which held that p…
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Stadler and Others v Orlowski and Others (2451/2021) [2021] ZAWCHC 285 (12 May 2021)
The High Court confirmed an interim access order over a farm road, pending final determination of an action about prescription or a way of necessity.
Ruckstuhl and Another v Wakenshaw Estate Home Owners Association (6969/2016) [2020] ZAKZDHC 25; 2021 (1) SA 269 (KZD) (13 July 2020)
The High Court held that Wakenshaw Manor owners were liable as association members and allowed rectification of title conditions, subject to the Registrar’s opinion.
Eskom Holdings Limited v Grundy (AR380/2017) [2018] ZAKZPHC 1; 2018 (4) SA 242 (KZP) (16 February 2018)
Eskom failed to establish, on admissible and reliable evidence, that it had acquired a servitude by prescription over Mr Grundy's farm, as it could not prove when the power lines were erected. The court rejected Eskom's reliance on a retrospective wayleave agreement, finding that the electricity supply agreement did not incorporate the standard conditions, as there was no evidence that Mr Grundy received or signed them. The caveat subscriptor rule did not assist Eskom, as it applies to contractual terms, not to factual acknowledgments of receipt. Consequently, Eskom had no entitlement to reta…
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Solid Base Trading 121 CC (Pty) Ltd v City of Matlosana Local Municipality (1741/2015) [2017] ZAGPPHC 1155 (8 November 2017)
High Court expropriation case on just and equitable compensation for land affected by an Eskom servitude, with prior payments and costs also considered.
Orffer NO and Others v Orffer NO and Others (8064/2017) [2017] ZAWCHC 102 (15 September 2017)
High Court declaratory dispute over a servitude access road: the court held the clause 16 suspensive condition was met and arbitration could proceed.
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