Phooko v J & M Properties (Pty) Ltd (CCA 43 of 2013) [2015] LSHC 29 (29 July 2015)

Phooko v J & M Properties (Pty) Ltd (CCA 43 of 2013) [2015] LSHC 29 (29 July 2015)

Applicant failed to prove prior peaceful and undisturbed possession; evidence showed respondent had possession and applicant was prevented from taking possession, thus requirements for spoliation order not met.

Citation
[2015] LSHC 29
Parties
Applicant: Lebohang Phooko; Respondent: J & M Properties (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 July 2015
Case Number
CCA 43 of 2013
Procedural Posture
Spoliation Application (mandament Van Spolie) / Judgment
Outcome
Application dismissed
Legal Topics
Spoliation, Possession, Interdicts, Ex Parte Procedure
Source Language
English
Property Law Civil Procedure Spoliation Possession Interdicts Ex Parte Procedure

Case Brief

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Parties

Lebohang Phooko

Applicant

J & M Properties (Pty) Ltd

Respondent

Procedural Posture

Spoliation Application (mandament Van Spolie) / Judgment

Legal Issues

  1. 1 Whether the applicant was in peaceful and undisturbed possession of the property
  2. 2 Whether the applicant was unlawfully deprived of possession by the respondent
  3. 3 Whether the requirements for a spoliation order were met

Ratio Decidendi

Applicant failed to prove prior peaceful and undisturbed possession; evidence showed respondent had possession and applicant was prevented from taking possession, thus requirements for spoliation order not met.

Court Disposition

Application dismissed

Orders

  • The Rule is discharged and the application is dismissed.
  • Costs of the application are awarded to the respondent.