Maruping v Matlala (5973/2022) [2023] ZAFSHC 156 (21 April 2023)

Maruping v Matlala (5973/2022) [2023] ZAFSHC 156 (21 April 2023)

The applicant failed to prove on a balance of probabilities that she was unlawfully dispossessed of the vehicle. The respondent's version, supported by affidavits, was not untenable and indicated that the applicant consented to handing over the keys. Even if dispossession were proven, the defence of impossibility applied, as the vehicle was no longer in the respondent's possession but with a third party. The court cannot grant an order for restoration where compliance is factually impossible. Accordingly, the application for restoration under the mandament van spolie was dismissed.

Citation
[2023] ZAFSHC 156
Parties
Applicant: Tirelo Maruping; Respondent: Precious Dineo Matlala
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 April 2023
Case Number
5973/2022
Procedural Posture
Urgent Application / Final Judgment on Opposed Application
Outcome
Application dismissed with costs.
Judges
C Reinders
Legal Topics
Mandament Van Spolie, Restoration of Possession, Impossibility of Performance
Civil Procedure Land and Property Mandament Van Spolie Restoration of Possession Impossibility of Performance

Case Brief

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Parties

Tirelo Maruping

Applicant

Precious Dineo Matlala

Respondent

Procedural Posture

Urgent Application / Final Judgment on Opposed Application

Legal Issues

  1. 1 Whether the applicant was unlawfully dispossessed of the vehicle.
  2. 2 Whether the applicant is entitled to restoration of possession under the mandament van spolie.
  3. 3 Whether the defence of impossibility applies due to the vehicle being in possession of a third party.

Ratio Decidendi

The applicant failed to prove on a balance of probabilities that she was unlawfully dispossessed of the vehicle. The respondent's version, supported by affidavits, was not untenable and indicated that the applicant consented to handing over the keys. Even if dispossession were proven, the defence of impossibility applied, as the vehicle was no longer in the respondent's possession but with a third party. The court cannot grant an order for restoration where compliance is factually impossible. Accordingly, the application for restoration under the mandament van spolie was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.