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

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

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25th November 2022

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

 

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