Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Anglo Black (Pty) Ltd and Another v Bower and Others (976/2024) [2024] ZAMPMHC 17 (15 March 2024)
Urgent spoliation matter involving alleged removal of mining-site security and occupation rights. The High Court restored possession and granted interdictory relief.
Dube and Another v Ninarich Investments (Pty) Ltd and Others (2023/00000054) [2023] ZAGPJHC 295 (27 March 2023)
The court dismissed a spoliation application, finding the applicants were never in peaceful and undisturbed possession and awarding attorney-and-client costs.
Ntshoeu v Smith (CA&R107/16) [2017] ZANCHC 30 (11 April 2017)
Appeal against a spoliation order succeeded after the court found the vehicle had been handed over for repairs and no unlawful deprivation was proved.
Lobelo and Another v Kukama and Another (71429/2013) [2014] ZAGPPHC 478 (21 May 2014)
High Court spoliation application dismissed after finding no unlawful deprivation of possession, despite the applicants' prior access and control over the premises.
Knox and Another v Second Lifestyle Properties (Pty) Ltd and Another (A28/2011) [2012] ZAGPPHC 223 (11 October 2012)
The Full Court held that the appellants had established peaceful and undisturbed possession of the gravel road, as their regular use constituted possession under South African law. The closure of the road by the respondents, through fencing and notices, amounted to unlawful deprivation of possession, satisfying the requirements for mandament van spolie. The Court rejected the argument that possession must be exclusive, following the authority of Nienaber v Stuckey and Willowvale Estates v Bryanmore Estates, and found that multiple use does not preclude protection. The existence of alternative…
Source excerpt
Coetzee v Kingsrivier Estate (Pty) Ltd (2456/2009) [2010] ZAWCHC 628 (10 December 2010)
The court found that the applicant failed to prove, on a balance of probabilities, that he had peaceful and undisturbed possession of the property or a right of access to the road. The evidence showed that any access was intermittent, disputed, and not exclusive or continuous. The applicant's conduct in cutting locks and placing his own lock, as well as the lack of supporting affidavits or proof of entitlement, undermined his claim to possession. The court held that the requirements for a spoliation order were not met, as the applicant did not establish actual possession or quasi-possession e…
Source excerpt
Spinks v Botha and Others (16669/2007) [2008] ZAWCHC 183 (24 April 2008)
The court upheld a spoliation claim, finding the applicant had peaceful possession and that the respondents’ later self-help recovery was not lawful counter-spoliation.
Close-by Security CC v Hanmah 52 (Pty) Ltd (756/07) [2007] ZANWHC 24 (21 June 2007)
High Court spoliation application granted after the applicant proved possession through an employee and unlawful dispossession without consent or legal process.
Diamond Core Mining & Operation (Pty) Ltd v De Venter N.O and Others (299/05) [2005] ZANCHC 98 (9 September 2005)
The High Court granted spoliation relief, finding the applicant had peaceful possession of a water pipeline and related rights, and had not abandoned them.
Explore more
