Meintjies N.O. and Others v Nel Bk and Others (4122/2016) [2017] ZAFSHC 28 (9 February 2017)

Meintjies N.O. and Others v Nel Bk and Others (4122/2016) [2017] ZAFSHC 28 (9 February 2017)

The court found that the applicants failed to prove unlawful dispossession of the property. The applicants voluntarily relinquished possession of the small house by handing over the keys, and there was no evidence that they were deprived of the use or enjoyment of the storeroom, yard, or garden. The placement of gravel on the access road was intended to improve the road and did not amount to unlawful dispossession, as the applicants retained access to their residence by car, even if not by caravan. The court held that the inability to tow a caravan did not constitute spoliation. The applicants did not demonstrate that the respondents' conduct unlawfully deprived them of possession, usage,...

Citation
[2017] ZAFSHC 28
Parties
Applicant: Hendrina Wilhelmina Meintjies N.O.; Applicant: Gerdine Stoltz N.O.; Applicant: Schalk Willem Meintjes N.O.; Applicant: Andre Meintjes; Applicant: Hendrina Wilhelmina Meintjes; Respondent: Lloyd Nel BK; Respondent: Johannes Petrus Nel; Respondent: Blanche Nel
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 February 2017
Case Number
4122/2016
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
N.W. Phalatsi
Legal Topics
Mandament Van Spolie, Unlawful Dispossession, Right of Access, Lease Agreement, Possession, Restoration of Use
Land and Property Civil Procedure Mandament Van Spolie Unlawful Dispossession Right of Access Lease Agreement Possession Restoration of Use

Case Brief

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Parties

Hendrina Wilhelmina Meintjies N.O.

Applicant

Gerdine Stoltz N.O.

Applicant

Schalk Willem Meintjes N.O.

Applicant

Andre Meintjes

Applicant

Hendrina Wilhelmina Meintjes

Applicant

Lloyd Nel BK

Respondent

Johannes Petrus Nel

Respondent

Blanche Nel

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicants were unlawfully dispossessed of possession, usage, and enjoyment of the immovable property.
  2. 2 Whether the placement of gravel on the access road constituted spoliation.
  3. 3 Whether the applicants were deprived of access to their residence in a manner amounting to unlawful dispossession.

Ratio Decidendi

The court found that the applicants failed to prove unlawful dispossession of the property. The applicants voluntarily relinquished possession of the small house by handing over the keys, and there was no evidence that they were deprived of the use or enjoyment of the storeroom, yard, or garden. The placement of gravel on the access road was intended to improve the road and did not amount to unlawful dispossession, as the applicants retained access to their residence by car, even if not by caravan. The court held that the inability to tow a caravan did not constitute spoliation. The applicants did not demonstrate that the respondents' conduct unlawfully deprived them of possession, usage,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.