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South Africa Case Law

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Land And Property [2025] ZAGPJHC 287

Nkombi v Naidoo and Another (Leave to Appeal) (3947/2025)

Nkombi v Naidoo and Another (Leave to Appeal) (3947/2025) [2025] ZAGPJHC 287 (12 March 2025)

The High Court condoned a late leave-to-appeal filing but dismissed it, finding no reasonable prospect of success against an eviction order.

  • Eviction
  • Leave To Appeal
  • Just And Equitable Order
  • Exclusive Possession
  • Condonation Of Late Filing
  • Leave-to-appeal
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Civil Procedure [2018] ZAGPPHC 359

Scenic Route Trading 502 CC v Sigauke and Another (73328/17)

Scenic Route Trading 502 CC v Sigauke and Another (73328/17) [2018] ZAGPPHC 359 (11 May 2018)

The High Court dismissed a spoliation application by a builder who failed to prove exclusive possession of the property and was ordered to pay attorney-and-client costs.

  • Mandament Van Spolie
  • Builder S Lien
  • Exclusive Possession
  • Punitive Costs
  • Mandament-van-spolie
  • Builder-s-lien
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Civil Procedure [2006] ZAKZHC 21

De Beer v Zimbali Estate Management Association (Pty) Ltd and Another (6711/05)

De Beer v Zimbali Estate Management Association (Pty) Ltd and Another (6711/05) [2006] ZAKZHC 21; 2007 (3) SA 254 (N) (11 May 2006)

The court held that an estate agent’s access disc gave her access, not possession, of the whole Zimbali estate. Her spoliation application was dismissed.

  • Mandament Van Spolie
  • Possession Vs Access
  • Gated Community Rights
  • Spoliation Order
  • Quasi Possession
  • Exclusive Possession
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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.