The first respondent, Mr Chandra Giri Ellaurie, lives about 20 metres from the appellant's (Madrasah Taleemuddeen Islamic Institute) property in Isipingo Beach, eThekwini, KwaZulu-Natal. The madrasah conducts an Islamic school with about 340 students in boarding facilities spread over three lots. A mosque on the property performs five daily prayers, each preceded by the Azaan (Call to Prayer) delivered by a Muadhin. Mr Ellaurie obtained an interdict in the High Court ordering that the Azaan generated from the madrasah's property must not be audible within buildings on his property. He also sought (unsuccessfully) orders for the madrasah to cease operations, be divested of the property, and for the property to be sold to non-Muslim entities. Prior to litigation, various mediation attempts by the eThekwini Municipality in 2003 and the South African Human Rights Council were unsuccessful. Mr Ellaurie complained that the Azaans invaded his personal space, occurred at "unearthly times" (the first around 03h30 at start of summer), gave a "distinctly Muslim atmosphere to the area", and expressed profound dislike of Islam based on research he conducted.