IN THE HIGH COURT OF SOUTH AFRICA
WESTERN CAPE HIGH COURT, CAPE TOWN

						CASE NO: 5049/2011

In the matter of:

and

WEINKOVE, AJ

I accordingly order that this matter is referred to trial and for the hearing of oral evidence on a date to be fixed by the Registrar;

[2] I direct that the affidavits are to stand as pleadings and that the parties are directed to comply with the provisions of the rules of Court in relation to the trial action including the provision of Rule 21. 35 and 36.

[3] In order to cater for the position for the servitude road pending the determination by this court in the trial action, I direct as follows:

f   Applicant shall keep the road in good order and condition in terms of his
tenders in the affidavits; 
g. Respondent shall not build any "speed bumps" on the road.

[4]     Costs shall stand over.

WEINKOVE, AJ