South Africa Case Law

Steenkamp N.O and Others v Nel and Another (4901/22)

Steenkamp N.O and Others v Nel and Another (4901/22) [2023] ZAWCHC 176 (26 May 2023)

Court

Western Cape High Court, Cape Town

Case number

4901/22

Judge

Fortuin

The court found that the applicants established a prima facie right to undisturbed possession and use of the blue road and protection of Portion 23. There was a well-grounded apprehension of harm, as the respondents had previously erected fences and closed gates with the intention of obstructing the applicants' access. The balance of convenience favoured the applicants, as granting the interim interdict would restore the status quo and prevent prejudice to their farming operations, while not causing significant prejudice to the respondents. No satisfactory alternative remedy was available, as…

Source excerpt

• Interdictory Relief
• Mandament Van Spolie
• Servitude By Prescription
• Boundary Dispute
• Balance Of Convenience

Oosthuizen v Terblanche (A84/2021, A85/2021, A86/2021)

Oosthuizen v Terblanche (A84/2021, A85/2021, A86/2021) [2022] ZAFSHC 81 (24 March 2022)

Court

Free State High Court, Bloemfontein

Case number

A84/2021, A85/2021, A86/2021

Judges

Daffue, Ramlal

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.

• Protection From Harassment Act
• Mandament Van Spolie
• Right Of Way
• Servitude By Prescription
• Ex Parte Applications
• Costs Orders

Padayachi v Pillay NO and Another (16587/2015)

Padayachi v Pillay NO and Another (16587/2015) [2017] ZAKZPHC 11 (16 March 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16587/2015

Judge

Madondo

The court dismissed a claim to acquire a driveway servitude by prescription, finding the use was permissive and not adverse to the true owner.

• Acquisitive Prescription
• Servitude By Prescription
• Nec Precario
• Adverse Possession
• Real Rights
• Estate Administration