Kiggindu v Nthuli (76421/19) [2019] ZAGPPHC 946 (24 October 2019)

Kiggindu v Nthuli (76421/19) [2019] ZAGPPHC 946 (24 October 2019)

The court found that the applicant was in peaceful and undisturbed possession of the muthi shop prior to the respondent's unlawful deprivation of possession. The respondent admitted to taking control of the premises and locking the shop, which satisfied the requirement for spoliation. The court held that the validity of the sale agreement or lease agreement was irrelevant to the relief sought, as the mandament van spolie is concerned only with restoration of possession. The applicant proved unlawful dispossession, and the respondent's self-help actions were impermissible. The applicant was entitled to restoration of possession and costs.

Citation
[2019] ZAGPPHC 946
Parties
Applicant: Gloria Kiggindu; Respondent: Thandi Nthuli
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 October 2019
Case Number
76421/19
Procedural Posture
Urgent Application / First Instance
Outcome
Application granted; spoliation order issued in favour of the applicant.
Judges
Collis
Legal Topics
Spoliation Order, Mandament Van Spolie, Unlawful Deprivation of Possession
Civil Procedure Spoliation Order Mandament Van Spolie Unlawful Deprivation of Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Gloria Kiggindu

Applicant

Thandi Nthuli

Respondent

Procedural Posture

Urgent Application / First Instance

Legal Issues

  1. 1 Whether the applicant was in peaceful and undisturbed possession of the muthi shop prior to the alleged dispossession.
  2. 2 Whether the respondent unlawfully deprived the applicant of possession of the muthi shop.
  3. 3 Whether the validity of the sale agreement or lease agreement affects the applicant's entitlement to a spoliation order.

Ratio Decidendi

The court found that the applicant was in peaceful and undisturbed possession of the muthi shop prior to the respondent's unlawful deprivation of possession. The respondent admitted to taking control of the premises and locking the shop, which satisfied the requirement for spoliation. The court held that the validity of the sale agreement or lease agreement was irrelevant to the relief sought, as the mandament van spolie is concerned only with restoration of possession. The applicant proved unlawful dispossession, and the respondent's self-help actions were impermissible. The applicant was entitled to restoration of possession and costs.

Court Disposition

Application granted; spoliation order issued in favour of the applicant.

Orders

  • The respondent is ordered, upon service of the order by the Sheriff, to forthwith hand over occupation and possession to the applicant of the Bantu Muthi Chemist, together with its stock, situated at corner Church and Lanham Street, Shop No 1, Spar Complex, Bronkhorstspruit, Gauteng Province.
  • The Sheriff of the Court, together with the applicant, respondent, and their legal representatives, is to compile an inventory of all stock present in the muthi shop as at 12 August 2019. This trading stock is to be returned to the applicant.