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Joka v Station Commander, Vehicle Identification Unit, Komani and Another (2685/2025) [2025] ZAECMKHC 57 (15 July 2025)
The High Court dismissed an urgent spoliation and interdict application for release of a minibus, finding the police had reasonable grounds to seize it under the CPA.
Khumalo and Others v Duran Law and Another (LCC93/2023) [2025] ZALCC 22 (20 May 2025)
The court found that the respondents unlawfully deprived the applicants of access to the 125-hectare grazing camp by removing the access gate and installing a fence without a court order. The evidence established that the gate existed prior to the applicants' arrival and was used for grazing and water access. The respondents' actions constituted self-help and spoliation, as they took the law into their own hands rather than seeking legal remedies. The applicants proved possession and unlawful deprivation, entitling them to restoration under the mandament van spolie. The court accepted the app…
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Du Preez v Du Preez (597/2025) [2025] ZANCHC 28 (28 March 2025)
Urgent spoliation and interdict application over farm water supply dismissed; the court held the applicant lacked possessory control and raised only contractual rights.
Handax Machinery (Pty) Ltd v Nala Municipality and Another (570/2024) [2025] ZAFSHC 81 (7 March 2025)
The court found that Handax Machinery (Pty) Ltd failed to meet the statutory threshold for leave to appeal under section 17(1)(a) of the Superior Courts Act. The grounds advanced did not demonstrate a reasonable prospect of success, nor was there any compelling reason for the appeal to be heard. The spoliation order was based solely on possession and wrongful deprivation, not on contractual rights or ownership, and the factual and legal arguments raised by Handax were unmeritorious. The notice of application for leave to appeal was defective, but the court condoned the defects in the interest…
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Nieuwoudt v Steyn and Another (2025-002319) [2025] ZAGPPHC 60 (22 January 2025)
Urgent spoliation relief was granted after the applicant was dispossessed of occupied property without a court order, and the second respondent was held bound by notice.
Mavambu Coaches (Pty) Ltd v Zacamate (Pty) Limited and Others (2024/137618) [2024] ZAGPJHC 1293 (19 December 2024)
The applicant failed to discharge the onus of proving that it was in possession of the premises at the time of the alleged spoliation. The evidence presented by the respondents, including observations of abandonment and lack of applicant activity, was not rebutted. Furthermore, none of the respondents were in possession or occupation of the premises, and the actual possessor, Million Up Investments 86 (Pty) Ltd, was not joined as a party. As a result, no competent order for restoration of possession could be made against the respondents. The application was therefore dismissed.
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Dumalisile v Gushman (Reasons) (4437/2024) [2024] ZAECMHC 87 (31 October 2024)
The court found that the applicant, as executor, had placed Ms. Khululwa Gubevu in possession of the property and that this possession was unlawfully disturbed by the respondent and others on 5 October 2024. The respondent's claim to ownership and challenge to the applicant's locus standi were rejected, as the law recognizes the executor's quasi-possession and fiduciary duty to protect estate assets. The defence of counter-spoliation was dismissed as it does not exist independently of spoliation and cannot justify continued unlawful deprivation. The court held that the only relevant inquiry i…
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Groenewald and Others v Galloptic Trade and Investment 15 (Pty) Ltd and Others (2024/0699930) [2024] ZAGPJHC 993 (4 October 2024)
The High Court held the applicants’ appeal against an eviction order had not lapsed, joined a necessary party, and referred occupation and restoration issues to oral evidence.
JC Impellers Proprietary Limited v Erven 1[...] Wadeville Proprietary Limited (2024-107540) [2024] ZAGPJHC 1025 (2 October 2024)
Urgent spoliation relief granted after a landlord cut electricity to leased premises used by a foundry. The court held the disconnection was unlawful self-help.
Wongel Amagnoch Church Tembisa Branch v Gospel Life International Church and Others (2024/095052) [2024] ZAGPJHC 868 (5 September 2024)
Urgent spoliation relief was granted to restore a church’s possession of premises in Tembisa after respondents allegedly took over unlawfully.
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