Ferreira Equestrian Centre (Pty) Ltd v Spies and Another (400/2023)
Ferreira Equestrian Centre (Pty) Ltd v Spies and Another (400/2023) [2023] ZAFSHC 91 (24 March 2023)
The court found that the applicant had de facto possession and use of the polo fields, as evidenced by its daily activities, presence of equipment, and photographic proof. The respondents' delay in acting and their prior acquiescence undermined their claim that the applicant lacked possession. The WhatsApp messages did not establish lack of possession, and no genuine dispute of fact existed to warrant referral to oral evidence. The respondents wrongfully deprived the applicant of possession by erecting the fence. Both respondents were found to be co-spoliators, as the second respondent instru…
Source excerpt
- Mandament Van Spolie
- Possessory Remedy
- Self Help Prohibition
- De Facto Possession