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Malherbe v Ceres Municipality: I t had to be determined whether falling leaves and acorns and protruding branches of trees growing alongside streets constituted a nuisance. The law expects a degree of tolerance between neighbours in the exercise of their entitlements of ownership.
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LIMITATIONS ON OWNERSHIP. Case study: Malherbe v Ceres Municipality (AS IN STUDY GUIDE) Facts: Appellant, Malherbe approached court for an interdict ordering respondent, Ceres Municipality, to prevent acorns & leaves of oak trees growing alongside the streets of Ceres, from falling into his property.
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The AD's decision in Malherbe v Ceres Municipality 1951 (4) SA 510 (A) is a significant case because it clarifies the law relating to the liability of landowners and municipalities for nuisance. The decision emphasizes that landowners and municipalities have a duty to take reasonable steps to prevent their activities from creating a nuisance to ...
Nov 29, 2019 · THE STATE RESPONDENT. Neutral citation: Malherbe v S (1182/2018) [2019] ZASCA 169 (29 November 2019) Coram: Wallis, Mbha and Mbatha JJA and Koen and Hughes AJJA. Heard: 19 November 2019. Delivered: 29 November 2019.
Malherbe v The State (1182/2018) [2019] ZASCA 169 _____ Today the Supreme Court of Appeal (SCA) upheld an appeal by the appellant, setting aside the trial court’s convictions and sentence, including the order in terms of s 120(4) of the Children’s Act 38 of 2005.
Malherbe v Ceres Municipality (1) (1951 (4) SA 510 (A)) deals with nuisance of trees and leaves. Facts. The appellant, Malherbe approached the court for an interdict ordering the respondent, Ceres Municipality, to prevent acorns and leaves of oak trees growing alongside the streets of Ceres, from falling onto his property.
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Nkosi & Others v Eggbert Eggs (Pty) Ltd (2007) 28 ILJ 2294 (LC) The employee, Palaza, was dismissed by his employer, Eggbert Eggs. Palaza was popular with fellow employees. 94 of them demanded that he be reinstated and, shortly thereafter, commenced a wildcat strike. In the course of the strike, these workers held a mass protest outside the ...
