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Civil Procedure [2006] SCA 98 RSA

First Rand Ltd. t/a Rand Merchant Bank and Another v Scholtz NO and Others (373/06)

First Rand Ltd. t/a Rand Merchant Bank and Another v Scholtz NO and Others (373/06) [2006] ZASCA 99; [2006] SCA 98 (RSA); 2008 (2) SA 503 (SCA) ; [2007] 1 All SA 436 (SCA) (9 September 2006)

The Supreme Court of Appeal held that the respondents were not dispossessed of statutory water rights or quasi possessio thereof, but only of a contractual right to the conveyance of water through the pipeline, which expired on 31 December 2004. The right to use the pipeline was not an incident of possession or control of their properties but arose from contract. The mandement van spolie does not protect mere contractual rights, and the respondents' remedy lay in contract, not spoliation. Accordingly, the High Court's order was set aside and the application dismissed.

  • Mandement Van Spolie
  • Statutory Water Rights
  • Quasi Possessio
  • Contractual Rights
  • Irrigation Infrastructure
  • Specific Performance
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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.