Gien v Gien 1979 (2) SA 1113 (T)

Gien v Gien 1979 (2) SA 1113 (T)

Issue: Whether a landowner is entitled to an interdict to prevent a neighbor from using a device that emits loud noises.

Facts:

The applicant, Mr. Gien, and the respondent, Mr. Gien's brother, were neighboring landowners. The respondent had a vegetable garden on his farm, which was plagued by baboons. In order to deter the baboons, the respondent installed a device that emitted loud gas explosions every two minutes, day and night.

The applicant complained to the respondent about the noise, but the respondent refused to turn off the device. The applicant then brought an application to the Transvaal Provincial Division (TPD) for an interdict to prevent the respondent from using the device.

Key Facts:

• The applicant and respondent were neighboring landowners.
• The respondent had a vegetable garden on his farm that was plagued by baboons.
• To deter the baboons, the respondent installed a device that emitted loud gas explosions every two minutes, day and night.
• The applicant complained to the respondent about the noise, but the respondent refused to turn off the device.
• The applicant brought an application to the TPD for an interdict to prevent the respondent from using the device.

Court's Decision:

The TPD held that the applicant was entitled to an interdict to prevent the respondent from using the device. The TPD reasoned that the noise from the device was a nuisance to the applicant and that the respondent had exceeded his rights as a landowner.

The TPD also held that the respondent had no justification for using the device. The TPD reasoned that the respondent had other methods of deterring the baboons, such as using a fence or hiring a guard.

Application of the Law to the Facts of the Case:

The TPD applied the law to the facts of the case and found that the applicant was entitled to an interdict to prevent the respondent from using the device. The TPD ordered the respondent to turn off the device and to refrain from using it in the future.

Conclusion:

The TPD's decision in Gien v Gien 1979 (2) SA 1113 (T) is a significant case because it clarifies the law relating to the rights of landowners to use their property in a way that does not interfere with the rights of their neighbors. The decision emphasizes that landowners have a duty to their neighbors to avoid creating a nuisance.

The decision also provides guidance to landowners and their neighbors on how to resolve disputes over noise. Landowners should be aware that they may not be able to use their property in a way that creates a nuisance to their neighbors. Neighbors should be aware that they have a right to complain to their neighbors if they are being disturbed by noise.