oa Comparative and International Law Journal of Southern Africa - The fault of nuisance or the nuisance of fault: a discussion of the judgment of the Swaziland Court of Appeal in MF Johnson v Commonwealth Development Corporation 6 May 1981
|Article Title||The fault of nuisance or the nuisance of fault: a discussion of the judgment of the Swaziland Court of Appeal in MF Johnson v Commonwealth Development Corporation 6 May 1981|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Publication Date||Mar 1983|
|Pages||65 - 83|
|Keyword(s)||Disputes, MF Johnson v Commonwealth Development Corporation, Neighbours and Swaziland|
The case of Johnson v Commonwealth Development Corporation, decided in the Swaziland Court of Appeal on 6 May 1981 (as yet unreported), illustrates the problems which beset counsel when drafting pleadings for what may be broadly defined as neighbour law disputes. The problem lies in the fact that Swaziland, which in 1905 adopted Roman-Dutch law as its common law, and which regards decisions of South African courts on the South African common law as binding, has inherited a set of rules governing neighbour law relations which contain the English law of nuisance as their main ingredient and a liberal sprinkling of remedies from Roman and Roman-Dutch origin which have survived into modern times.
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