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South Africa decisions
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Eagle Ukhozi Civils (Pty) Ltd v Mnquma Local Municipality and Another (4488/2018) [2018] ZAECMHC 59 (23 October 2018)
Urgent application dismissed where the applicant failed to prove possession of a construction site and sought interim spoliation and interdictory relief.
Dreamworx Prop Investments Holdings CC and Others v Nyemba and Others (2018/23203) [2018] ZAGPJHC 549 (18 September 2018)
The High Court reconsidered an urgent order under Rule 6(12)(c), found no bona fide defence to eviction or rescission, and dismissed the application.
Tri-Star Construction (Pty) Limited v Mehboob Adam Parrow (Pty) Limited (27918/2016) [2016] ZAGPJHC 383 (19 August 2016)
The court granted a spoliation order, finding that a builder retained possession of a property and was unlawfully deprived of it without consent.
Top Assist 24 (Pty) Limited T/A Form Work Construction v Cremer and Another (5335/2015) [2015] ZAWCHC 102; [2015] 4 All SA 236 (WCC) (28 July 2015)
Urgent spoliation application by a building contractor granted after the court found the respondents unlawfully deprived it of joint possession of a Somerset West site.
Jamieson and Another v Loderf (Pty) Ltd and Others (A595/2011) [2015] ZAWCHC 18 (20 February 2015)
The court found that the version advanced by Loderf regarding voluntary surrender of possession was not credible and should have been rejected on the papers. The Jamiesons were entitled to spoliation relief at the time of the application and judgment in the court a quo. However, subsequent sale and transfer of the flats to innocent third parties without notice of the dispute rendered restoration of possession impossible. The spoliation remedy does not extend to innocent third parties who acquire possession in good faith. The court substituted the order of the court a quo with a declaration th…
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Ferreira and Others v Leonard and Others (1714/14) [2014] ZAECPEHC 79 (18 November 2014)
The High Court granted eviction after finding the lease had been cancelled for non-payment and no builder’s lien justified continued occupation.
Econocom 183 CC t/a Econocom v Swanepoel and Another (59961/2014) [2014] ZAGPPHC 853 (18 September 2014)
Urgent spoliation relief was refused because the applicant failed to prove possession of the property when allegedly dispossessed.
Vanske Team Consulting CC v Zwelothando Minerals and Resources (Pty) Ltd (10957/2013) [2013] ZAGPJHC 136 (30 May 2013)
The High Court reconsidered and set aside a spoliation order after finding a material dispute of fact about possession of keys and access to the property.
Fynbosland 435 CC v Torro ya Africa (Pty) Ltd and Others (1861/2011) [2011] ZANWHC 68 (15 December 2011)
The court granted urgent spoliation relief over completed units and related infrastructure, but held the builder’s lien did not extend to the whole of Naledi Extension 25.
Builder's Depot CC v Damian (2011 (4) SA 486 (GSJ)) [2011] ZAGPJHC 37; A3008/11 (13 May 2011)
The court held that the appellant lost possession of the property on 28 October 2010 when the Sheriff sold the property in execution, accepted payment from the respondent, and authorised the respondent to take possession by changing the locks. The Sheriff acted bona fide and in accordance with the conditions of sale, and the respondent became a bona fide possessor. The operative law in this jurisdiction is that a spoliation order cannot be granted against a party who has acquired possession bona fide from a spoliator. The appellant misconstrued its remedy, as the dispute had moved from posses…
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