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CASE NO.: 1303/2007

IN THE HIGH COURT OF SOUTH AFRICA

(BOPHUTHATSWANA PROVINCIAL DIVISION)

In the matter between:

LESLEY POLE 1^ST APPLICANT

NICHOLAS TRAFFORD RIDLEY POLE 2^ND APPLICANT

and

JOHAN STOLTZ 1^ST RESPONDENT

MRS STOLTZ 2^ND RESPONDENT

JUDGMENT

MAKHAFOLA AJ:

[1] The Applicants are a married couple who have launched an interdict against the Respondent who are also a married couple. The application is in terms of Rule 16(12) of the Uniform Rules of Court predicated on three prayers against the Respondents for allegedly committing a nuisance by creating a state of things on their property adjacent to the applicant’s dwelling place. The state of things in the property of the Respondent is such that it unreasonably and materially caused the applicants disturbance and interference with their ordinary comfort, convenience, peace or quiet. The Applicants and the Respondents reside respectively in no’s 22 and 20 Sabie River Avenue, Cashan Extension 4, Rustenburg.

APPLICANTS’ CASE:

[2] The 1^st Applicant has chronicled in detain the events with dates spelling out what their neighbours have done. According to them the Respondents play musical instruments, radios and other devices producing sound at a high pitch which disturbs them, by resounding into their premises beyond the boundaries of the Respondents’ dwelling place.

[3]

__________________

KHAMI MAKHAFOLA

ACTING JUDGE OF THE HIGH COURT

APPEARANCES

DATE OF HEARING: 15 MAY 2007

DATE OF JUDGMENT: 21 JUNE 2007

COUNSEL FOR APPLICANT: ADV ACKER

ATTORNEYS FOR APPLICANT: SMIT STANTON INC.

COUNSEL FOR RESPONDENTS: ADV VAN WYK

ATTORNEYS FOR RESPONDENTS: HERMAN SCHOLTZ ATT.

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