Laughland v Gouws and Another (36877 / 2014) [2015] ZAGPPHC 450 (9 July 2015)

Laughland v Gouws and Another (36877 / 2014) [2015] ZAGPPHC 450 (9 July 2015)

The court found that restoration of possession was impossible because the farm had been leased to a third party who had already taken occupation. The applicant conceded this point, and thus his claim for restoration of possession failed. Furthermore, the applicant did not discharge the onus to prove any possessory...

Source-derived case information.

Citation
[2015] ZAGPPHC 450
Parties
Appellant: David Scott Laughland; Respondent: Martin Gouws; Respondent: Teresa Gouws
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 July 2015
Case Number
36877 / 2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Dismissed With Costs
Outcome
Application for leave to appeal dismissed with costs.
Judges
N M Mavundla
Legal Topics
Mandament Van Spolie, Restoration of Possession, Leave to Appeal, Onus of Proof
Civil Procedure Mandament Van Spolie Restoration of Possession Leave to Appeal Onus of Proof

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Summary, issues, holding and outcome

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Parties

David Scott Laughland

Appellant

Martin Gouws

Respondent

Teresa Gouws

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Dismissed With Costs

Legal Issues

  1. 1 Whether the applicant had any possessory right at the time of approaching the court that warranted protection through mandament van spolie.
  2. 2 Whether restoration of possession was possible given that the property had been leased to a third party.
  3. 3 Whether another court would come to a different judgment or order than the court a quo.

Ratio Decidendi

The court found that restoration of possession was impossible because the farm had been leased to a third party who had already taken occupation. The applicant conceded this point, and thus his claim for restoration of possession failed. Furthermore, the applicant did not discharge the onus to prove any possessory right at the time of approaching the court that required protection through the mandament van spolie. As a result, the application for leave to appeal was dismissed with costs, as there were no prospects that another court would reach a different conclusion.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.