Ulric Import Export Limited v Mapochs Resources (Pty) Ltd and Another (2024/087647) [2025] ZAGPJHC 457 (9 May 2025)

Ulric Import Export Limited v Mapochs Resources (Pty) Ltd and Another (2024/087647) [2025] ZAGPJHC 457 (9 May 2025)

The applicant failed to establish that it was in possession of the mine or the ore at the time of the alleged dispossession. The evidence showed that Ulric's subcontractors had withdrawn from the site and that the subsequent deployment of security guards did not amount to regaining possession. The correspondence and objective facts supported the respondents' version, which was neither improbable nor far-fetched. Consequently, the requirements for mandament van spolie were not met. Regarding the interim interdict, the applicant's interest was purely financial, and damages would be an adequate remedy. The respondents had undertaken to keep records of ore removed, and the applicant could...

Citation
[2025] ZAGPJHC 457
Parties
Applicant: Ulric Import Export Limited; Respondent: Mapochs Resources (Pty) Ltd; Respondent: International Resources Projects Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 May 2025
Case Number
2024/087647
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application dismissed with costs, including costs of two counsel on scale C.
Judges
G S Myburgh
Legal Topics
Mandament Van Spolie, Interim Interdict, Urgent Application Procedure, Contract Termination, Mining Rights Dispute
Civil Procedure Commercial and Corporate Mandament Van Spolie Interim Interdict Urgent Application Procedure Contract Termination Mining Rights Dispute

Case Brief

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Parties

Ulric Import Export Limited

Applicant

Mapochs Resources (Pty) Ltd

Respondent

International Resources Projects Limited

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant was in possession of the mine and ore at the time of the alleged dispossession.
  2. 2 Whether the requirements for mandament van spolie were satisfied.
  3. 3 Whether the applicant is entitled to an interim interdict preventing further removal of ore.

Ratio Decidendi

The applicant failed to establish that it was in possession of the mine or the ore at the time of the alleged dispossession. The evidence showed that Ulric's subcontractors had withdrawn from the site and that the subsequent deployment of security guards did not amount to regaining possession. The correspondence and objective facts supported the respondents' version, which was neither improbable nor far-fetched. Consequently, the requirements for mandament van spolie were not met. Regarding the interim interdict, the applicant's interest was purely financial, and damages would be an adequate remedy. The respondents had undertaken to keep records of ore removed, and the applicant could...

Court Disposition

Application dismissed with costs, including costs of two counsel on scale C.

Orders

  • The application is dismissed with costs, such costs to include the costs of two counsel.
  • Counsels’ costs and charges shall be taxable according to scale C.