Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another (755/2021) [2022] ZASCA 160

25th November 2022

Madrasah Taleemuddeen Islamic Institute v Chandra Giri Ellaurie and Another (755/2021) [2022] ZASCA 160

Nuisance – the right to undisturbed use and enjoyment of own property is not unlimited – reasonable interference is to be expected depending on the circumstances in a specific neighbourhood – oversensitivity or personal peculiarities do not serve as a standard for reasonableness – the question of whether the interfering conduct is constitutionally guaranteed is a relevant consideration – principles governing interdicts restated.