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Civil Procedure [2019] ZAKZDHC 18

Moonisami v Global Network Systems (Pty) Ltd and Others (D5815/19)

Moonisami v Global Network Systems (Pty) Ltd and Others (D5815/19) [2019] ZAKZDHC 18 (4 October 2019)

The court found that the applicant was in peaceful and undisturbed possession of access to the company’s email and network/server until it was terminated by the first respondent on instruction from the second and third respondents. The court held that such access constitutes quasi-possession of an incorporeal right, which is protected by the mandament van spolie. The dispute regarding the applicant’s directorship was deemed irrelevant to the possessory remedy sought, as the mandament van spolie requires only proof of possession and unlawful deprivation, not proof of a right. The court further…

  • Mandament Van Spolie
  • Quasi Possession
  • Email And Network Access
  • Urgent Interdict
  • Punitive Costs
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