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South Africa Case Law

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Civil Procedure [2025] ZAWCHC 258

Parch Properties 72 (Pty) Ltd and Another v Summervale Lifestyle Estate Owner's Association (Leave to Appeal) (2025/040657)

Parch Properties 72 (Pty) Ltd and Another v Summervale Lifestyle Estate Owner's Association (Leave to Appeal) (2025/040657) [2025] ZAWCHC 258 (20 June 2025)

Court
Western Cape High Court, Cape Town
Case number
2025/040657
Judge
Bhoopchand

The Court found that while the Applicants had previously enjoyed use of the Respondent’s facilities, this use was governed by a contract that had expired. The Applicants’ claim for relief under the mandament van spolie was not appropriate because their rights were contractual and personal, not possessory. The Court followed the principle established in Abrahams, holding that the law protects possession, not mere access or contractual rights. However, the Court was persuaded that another Court might reach a different conclusion given the complex interplay between contracts and quasi-possession…

Source excerpt

  • Mandament Van Spolie
  • Quasi Possession
  • Contractual Rights Vs Possession
  • Leave To Appeal
  • Specific Performance
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Civil Procedure [2019] ZAGPJHC 521

Simons v City of Johannesburg Forensic DPT and Others (38151/2019)

Simons v City of Johannesburg Forensic DPT and Others (38151/2019) [2019] ZAGPJHC 521 (26 November 2019)

Court
South Gauteng High Court, Johannesburg
Case number
38151/2019
Judge
Molahlehi

The court found that the applicant's right to electricity supply arose from a contractual relationship with the electricity vendor via the prepaid meter system, not from possession of the property. The mandament van spolie remedy is not available for the enforcement of purely contractual rights. The applicant's claim for restoration of electricity supply was therefore not appropriate for spoliation relief. The court relied on established precedent, including Eskom Holdings Limited v Masinda and Zungu v Nilgra Flats, which held that spoliation does not apply to personal rights arising from con…

Source excerpt

  • Mandament Van Spolie
  • Electricity Supply Disputes
  • Contractual Rights Vs Possession
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.