The judgment concerns an application by Century Property Developments about Eskom power lines and related infrastructure on property in Riverside View, Johannesburg. The court set out the background to a 2013 agreement and the registration of a notarial servitude, and then dismissed the application. The court found that the 2013 agreement and registered servitude were valid, and that Eskom had not waived or abandoned its rights. It also recorded that the applicant had failed to make out a case for the relief sought.
This may be relevant to property, servitude and infrastructure disputes involving registered rights over land.
Evidence from source
[48] In the result, I find that the applicant has failed to make out a case for the relief it seeks, and the application should be dismissed.
Supports: Summary sentence that the application was dismissed and the applicant failed to make out a case.
[4.2] That the agreement concluded between the first and second respondents during 2013, which agreement resulted in the registration of the notarial deed of servitude, be declared null and void.
Supports: Summary sentence about the dispute concerning the 2013 agreement and registered servitude.