Snowy Owl Properties 284 (Pty) Ltd and Others v Mziki Share Block Limited

Snowy Owl Properties 284 (Pty) Ltd owned farmland adjacent to land owned by Mziki Share Block Limited. The parties agreed to operate a functionally integrated private game reserve, subject to a registered notarial servitude granting reciprocal rights of access over a network of roads for game viewing. Persistent disputes arose regarding the interpretation and enforcement of the servitude. In 2017–2020, Snowy Owl dug up and blocked several roads, including River Road, allegedly for ecological reasons and in reliance on an environmental management plan. An arbitrator (Dodson SC) found in April 2020 that the closure and destruction of roads breached Mziki’s servitudinal rights and ordered rehabilitation and reopening of the roads. Snowy Owl failed to comply. Mziki successfully applied to the High Court to have the arbitration award made an order of court. While those proceedings were pending, Snowy Owl continued to block and destroy roads. Mziki then sought an interdict restraining further interference and compelling restoration of access. The High Court (Chili J) confirmed a rule nisi granting final interdictory relief. Snowy Owl appealed to the Supreme Court of Appeal despite the arbitration award having become final and enforceable.

The appeal was dismissed with costs on the punitive scale as between attorney and client.

The case affirms the enforceability of praedial servitudes through interdictory relief, even where arbitration awards and related enforcement proceedings exist. It clarifies that ongoing or fresh infringements of servitudinal rights constitute a separate cause of action not barred by res judicata. The judgment also underscores that environmental justifications cannot be relied upon to circumvent binding servitudes or arbitration awards without proper legal foundation and consultation. It further demonstrates the SCA’s willingness to grant punitive costs where parties persist in meritless appeals.