Role of an appellate court in an appeal against findings of facts by a trial court - order for payment of double the costs of the action quashed - Appeal partly succeeds - With costs

Appeal against the decision of Supreme Court granting a droit de superficie to respondents – in course of appeal it emerged that one of the respondents had passed away before the case in court a quo had been completed –case has to be sent back for appreciation of that fact by the court.

Delict/tort-nuisance – proving of nuisance by sound, smell and dust.Once nuisance is proved, it is no defence that the defendant was unaware that their actions caused damage to the plaintiff.A party cannot seek relief outside their pleadings