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South Africa Case Law

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Civil Procedure [2024] ZAMPMHC 5

Dhladhla v Mkhonto (A23 / 2023)

Dhladhla v Mkhonto (A23 / 2023) [2024] ZAMPMHC 5 (15 January 2024)

High Court appeal confirming a spoliation order over household goods and a residence, holding that possession—not ownership—was decisive and that the 11-month delay was acceptable.

  • Mandament Van Spolie
  • Unlawful Dispossession
  • Possession
  • Delay In Spoliation Application
  • Self Help
  • Mandament-van-spolie
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Civil Procedure [2023] ZAGPPHC 722

Khosa v Khosa (32503/2022)

Khosa v Khosa (32503/2022) [2023] ZAGPPHC 722 (23 August 2023)

The High Court dismissed an urgent spoliation application for a vehicle, finding no clear proof of prior possession, unlawful deprivation, or a timely explanation for delay.

  • Mandament Van Spolie
  • Final Interdict
  • Customary Marriage
  • Delay In Spoliation Application
  • Onus Of Proof
  • Costs Order
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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.