South Africa Case Law

Irene Farm Villages Homeowners' Association NPC v City of Tshwane Metropolitan and Others (A246/2022; 30675/2022)

Irene Farm Villages Homeowners' Association NPC v City of Tshwane Metropolitan and Others (A246/2022; 30675/2022) [2023] ZAGPPHC 757 (28 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A246/2022; 30675/2022

Judges

Tlhapi, Baqwa, Steinberg

Appeal from an urgent application over subsidence and alleged municipal duties was dismissed because the key issues were disputes of fact unsuitable for motion proceedings.

• Urgent Application
• Municipal Services
• Sinkhole Liability
• Costs Order
• Urgent-application
• Dispute-of-fact

Petropulos and Another v Dias (1055/2018)

Petropulos and Another v Dias (1055/2018) [2020] ZASCA 53; [2020] 3 All SA 358 (SCA); 2020 (5) SA 63 (SCA) (21 May 2020)

Court

Supreme Court of Appeal

Case number

1055/2018

Judges

Ponnan, Saldulker, Van Der Merwe, Makgoka, Mokgohloa

The Supreme Court of Appeal held that the duty of lateral support between contiguous properties in South African law extends to both land and buildings, rejecting the English law restriction to land in its natural state. The court found that the excavation works on the first appellant's property breached this duty, causing the slope to mobilise and resulting in substantial damage to the respondent's property. The court accepted the evidence of the respondent's expert, which established a direct causal link between the excavation and the damage. Liability for deprivation of lateral support is…

Source excerpt

• Lateral Support
• Strict Liability
• Causation
• Subsidence
• Neighbour Law
• Remoteness Of Damage