Cedar Park Properties 39 (Pty) Ltd v Strawberry Worx Pop (Pty) Ltd (21068/2016, 21594/2016, 23878/2016, 18810/2016) [2016] ZAGPJHC 207 (1 August 2016)

Cedar Park Properties 39 (Pty) Ltd v Strawberry Worx Pop (Pty) Ltd (21068/2016, 21594/2016, 23878/2016, 18810/2016) [2016] ZAGPJHC 207 (1 August 2016)

The court found that Strawberry Worx Pop (SW) was unlawfully dispossessed of both the advertising space and signage by Cedar Park, and that SW regained possession of the site prior to service of the application for leave to appeal. Cedar Park's subsequent removal of replacement signage constituted a second spoliation. The spoliation order required Cedar Park to restore possession to SW, and Cedar Park's failure to comply amounted to contempt and precluded it from seeking eviction until possession was purged. The requirements for execution under section 18 of the Superior Courts Act were met, as exceptional circumstances existed due to repeated spoliation and SW would suffer irreparable...

Citation
[2016] ZAGPJHC 207
Parties
Applicant: Cedar Park Properties 39 (Pty) Ltd; Respondent: Strawberry Worx Pop (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2016
Case Number
21068/2016, 21594/2016, 23878/2016, 18810/2016
Procedural Posture
Urgent Application / Final Judgment on Consolidated Urgent Applications: Spoliation, Interim Interdict, Eviction, and Execution Under Section 18
Outcome
All applications by Cedar Park are dismissed or struck from the roll. SW's counter-applications for spoliation and section 18 execution are granted. Cedar Park is ordered to pay costs on a punitive scale.
Judges
Spilg
Legal Topics
Spoliation, Mandament Van Spolie, Urgent Interdict, Eviction, Section 18 Execution, Oral Agreement
Civil Procedure Land and Property Spoliation Mandament Van Spolie Urgent Interdict Eviction Section 18 Execution Oral Agreement

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Parties

Cedar Park Properties 39 (Pty) Ltd

Applicant

Strawberry Worx Pop (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Final Judgment on Consolidated Urgent Applications: Spoliation, Interim Interdict, Eviction, and Execution Under Section 18

Legal Issues

  1. 1 Whether the respondent was unlawfully dispossessed of advertising space and signage by the applicant.
  2. 2 Whether the respondent regained possession of the site and signage prior to service of the application for leave to appeal.
  3. 3 Whether the applicant's subsequent removal of signage constituted a second spoliation.

Ratio Decidendi

The court found that Strawberry Worx Pop (SW) was unlawfully dispossessed of both the advertising space and signage by Cedar Park, and that SW regained possession of the site prior to service of the application for leave to appeal. Cedar Park's subsequent removal of replacement signage constituted a second spoliation. The spoliation order required Cedar Park to restore possession to SW, and Cedar Park's failure to comply amounted to contempt and precluded it from seeking eviction until possession was purged. The requirements for execution under section 18 of the Superior Courts Act were met, as exceptional circumstances existed due to repeated spoliation and SW would suffer irreparable...

Court Disposition

All applications by Cedar Park are dismissed or struck from the roll. SW's counter-applications for spoliation and section 18 execution are granted. Cedar Park is ordered to pay costs on a punitive scale.

Orders

  • The ex parte vindication application (case 21068/2016) is dismissed; Cedar Park to pay SW's costs on attorney and own client scale, including costs of two counsel and specified hearing dates.
  • The interim interdict application (case 21594/2016) is dismissed; Cedar Park to pay SW's costs, including costs of two counsel and specified hearing dates.