Louw v Prinsloo and Another (2022/022132) [2023] ZAGPPHC 600 (21 July 2023)

Louw v Prinsloo and Another (2022/022132) [2023] ZAGPPHC 600 (21 July 2023)

The court found that the applicant was in undisturbed possession of the premises, controlling access by means of keys, and was dispossessed by the respondents through forcible entry and demand for possession. The respondents' arguments regarding urgency and disputes of fact were rejected, as the common cause facts established the requisite degree of possession. The court held that the mandament van spolie requires only proof of possession and dispossession, and does not require inquiry into entitlement to possession. Restoration of possession was ordered as the respondents had taken the law into their own hands.

Citation
[2023] ZAGPPHC 600
Parties
Applicant: Johannes Francois Cornelius Louw; Respondent: Ben Jacobus Prinsloo; Respondent: Simone Prinsloo (formerly Weyers)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 July 2023
Case Number
2022/022132
Procedural Posture
Urgent Application / Final Determination
Outcome
Application granted; urgent relief and restoration of possession ordered.
Judges
E Labuschagne
Legal Topics
Mandament Van Spolie, Urgent Interdict, Possession of Premises, Restoration of Possession
Civil Procedure Land and Property Mandament Van Spolie Urgent Interdict Possession of Premises Restoration of Possession

Case Brief

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Parties

Johannes Francois Cornelius Louw

Applicant

Ben Jacobus Prinsloo

Respondent

Simone Prinsloo (formerly Weyers)

Respondent

Procedural Posture

Urgent Application / Final Determination

Legal Issues

  1. 1 Whether the applicant was unlawfully dispossessed of possession of the premises at 7[...] P[...] Street, Sunnyside, Pretoria.
  2. 2 Whether the requirements for the mandament van spolie are satisfied.
  3. 3 Whether urgency is established for purposes of Rule 6(12) of the Uniform Rules of Court.

Ratio Decidendi

The court found that the applicant was in undisturbed possession of the premises, controlling access by means of keys, and was dispossessed by the respondents through forcible entry and demand for possession. The respondents' arguments regarding urgency and disputes of fact were rejected, as the common cause facts established the requisite degree of possession. The court held that the mandament van spolie requires only proof of possession and dispossession, and does not require inquiry into entitlement to possession. Restoration of possession was ordered as the respondents had taken the law into their own hands.

Court Disposition

Application granted; urgent relief and restoration of possession ordered.

Orders

  • The matter is found to be urgent for purposes of Rule 6(12) of the Uniform Rules of Court.
  • The first respondent is ordered to forthwith restore to the applicant the full possession and access to the premises situated at 7[...] P[...] Street, Sunnyside, Pretoria, by handing over to the applicant's attorneys of record all keys to the doors at the said premises.