Judeg takes olive tree battle to court

Cape Town - A wild olive tree has sprouted a dispute a judge has taken to court - it is blocking her sea view in Hout Bay.

In an application lodged at the Western Cape High Court in September last year, Judge Elizabeth Baartman is asking for an order declaring she is entitled to an unobstructed view and that her neighbour trim the tree.

The application, has been opposed by Judge Baartman’s former neighbours, who sold their property in March.

Among the contentions in an answering affidavit by Sarah Largier was that the “positive duty” Judge Baartman was trying to claim would require all future owners to trim trees.

The matter was argued in court on Tuesday.

Among the points raised during argument was the issue of whether Largier and her husband Gregory should be before the court.

Advocate Sven Olivier SC, for Judge Baartman, said they did not understand on what basis the former owners (of the neighbouring property concerned) were opposing the relief sought since the new owner had filed a notice of intention to abide with the decision of the court.

But arguing for the Largiers, advocate Alan Bruce-Brand said that the couple were still before the court after having been brought there by the applicant, Judge Baartman, and not having been released.

Acting Judge John Riley reserved judgment and asked for further written submissions on this point.

leila.samodien@inl.co.za

Cape Times