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Gravett v Siyavuya Power Projects (Pty) Ltd and Another (Reasons) (EL 358/2024) [2024] ZAECELLC 50 (17 December 2024)
The High Court held that the respondent’s use of land breached title deed and zoning restrictions, and granted a final interdict, suspended until 20 December 2024.
Baartman v Stubbs and Others (15523/2013) [2015] ZAWCHC 29 (13 March 2015)
The court held that a servitude protecting sea views on Erf 983 covered a wild olive tree already planted when the restriction was created.
Ndlambe Municipality v Lester and Others (92/2011) [2012] ZAECGHC 33; [2012] 3 All SA 441 (ECG) (3 May 2012)
The court found that the dwelling constructed by Lester is an unlawful structure, both judicially and administratively, as it was built without approved plans and in breach of statutory and municipal requirements. Previous court orders and administrative decisions declaring the structure unlawful are binding and cannot be set aside by a single judge in the exercise of discretion. While the court retains a discretion in granting demolition orders, this discretion must be exercised judicially, weighing the disproportionality of prejudice and the dictates of legal and public policy. The hardship…
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