La Pila Pharma CC v Euro Blitz Logistics (Pty) Ltd and Another (1645/2014) [2014] ZAFSHC 177 (2 October 2014)
Court
Free State High Court, Bloemfontein
Case number
1645/2014
Judge
G.J.M. Wright
The court held that the First Respondent was entitled to a spoliation order restoring possession of the truck, as the Applicant had unlawfully deprived him of possession. The merits of the parties' rights to possession could not be adjudicated until the status quo ante was restored, in line with the principles of the mandament van spolie. The Applicant's attempt to pre-emptively address the merits was improper, and the application was further undermined by numerous material factual disputes that could not be resolved on affidavit. The alternative relief sought by the Applicant, such as safeke…