Schoeman v Stapelberg (2070/2020) [2021] ZAMPMBHC 69 (27 January 2021)

Schoeman v Stapelberg (2070/2020) [2021] ZAMPMBHC 69 (27 January 2021)

The court found that the applicant was in peaceful and undisturbed possession of water Furrow 'A', boreholes, pipelines, and access roads, and that the respondent's conduct in filling in Furrow 'A', damaging pipelines, and denying access constituted unlawful deprivation. The respondent's denial was not sufficiently detailed or credible to raise a genuine dispute of fact. The mandament van spolie was granted in respect of Furrow 'A' and the boreholes and pipelines, as actual deprivation occurred. For Furrow 'B' and the access roads, only threats of deprivation were established, not actual interference; thus, the appropriate remedy was interim interdictory relief pending further legal...

Citation
[2021] ZAMPMBHC 69
Parties
Applicant: Petrus Albertus Schoeman; Respondent: Frans Stapelberg
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
27 January 2021
Case Number
2070/2020
Procedural Posture
Urgent Application / Final Judgment on Application for Mandament Van Spolie and Interdictory Relief
Outcome
Application partly granted: mandament van spolie order in respect of Furrow 'A', boreholes, and pipelines; interim interdict granted in respect of Furrow 'B' and access roads pending institution of further legal process; costs awarded to applicant.
Judges
Greyling-Coetzer
Legal Topics
Mandament Van Spolie, Interdictory Relief, Servitude Rights, Acquisitive Prescription, Access Rights, Water Use Rights
Land and Property Civil Procedure Mandament Van Spolie Interdictory Relief Servitude Rights Acquisitive Prescription Access Rights Water Use Rights

Case Brief

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Parties

Petrus Albertus Schoeman

Applicant

Frans Stapelberg

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application for Mandament Van Spolie and Interdictory Relief

Legal Issues

  1. 1 Whether the applicant was unlawfully deprived of possession and use of water Furrow 'A', boreholes, pipelines, and access roads by the respondent.
  2. 2 Whether the applicant is entitled to a mandament van spolie order restoring possession and use of the disputed property and rights.
  3. 3 Whether the applicant is entitled to interdictory relief preventing interference with Furrow 'B', access roads, and cemetery access pending further legal proceedings.

Ratio Decidendi

The court found that the applicant was in peaceful and undisturbed possession of water Furrow 'A', boreholes, pipelines, and access roads, and that the respondent's conduct in filling in Furrow 'A', damaging pipelines, and denying access constituted unlawful deprivation. The respondent's denial was not sufficiently detailed or credible to raise a genuine dispute of fact. The mandament van spolie was granted in respect of Furrow 'A' and the boreholes and pipelines, as actual deprivation occurred. For Furrow 'B' and the access roads, only threats of deprivation were established, not actual interference; thus, the appropriate remedy was interim interdictory relief pending further legal...

Court Disposition

Application partly granted: mandament van spolie order in respect of Furrow 'A', boreholes, and pipelines; interim interdict granted in respect of Furrow 'B' and access roads pending institution of further legal process; costs awarded to applicant.

Orders

  • The respondent is directed to restore the status quo ante in respect of possession and usage to the applicant of water Furrow 'A' and the boreholes and pipelines leading from the dam situated on Portion 16 to Portion 00 restant.
  • Pending institution of legal process within 30 days, the respondent is interdicted from interfering with the applicant's use and enjoyment of water Furrow 'B', the access road from the N4 to Portion 00 restant, and the access road to the cemetery on Portion 18.