In this note an attempt will primarily be made to demonstrate how a subtle and,
to the present author, unwarrantable shift in methodology regarding the application
of source materials has been taking place in our courts over the last few
years. This will be done by subjecting a specific recent judgment (Johl v Nobre
case no. 2384/2010 (WCC)) to scrutiny. In the second place, this judgment will
be critically analysed in respect of its application of the fairly settled principles
pertaining to the ambit of a right of way.