Hunter and Company Limited vs Delmege Forsyth and Company Limited – CA APPEAL NO. 411/1997-1997

The case between Hunter and Company Limited and Delmege Forsyth and Company Limited addressed the issue of whether an upper landholder possessed a legal right to discharge rainwater, wastewater, or sewage onto the lower neighboring property. The findings established that a servitude permitting only the natural flow of rainwater existed by agreement but that the defendant exceeded this entitlement by discharging excessive water and wastewater after 1991. It was determined that prescriptive rights were not properly established, as the original arrangement was by permission, not adverse user. Relying on Roman-Dutch law principles concerning servitudes, the court set aside the lower court’s judgment and granted injunctive and declaratory relief to the plaintiff. This decision clarified the lim