Comscience (Pty) Ltd and Others v Stanbury and Another (41186/14)
Comscience (Pty) Ltd and Others v Stanbury and Another (41186/14) [2014] ZAGPPHC 402 (19 June 2014)
The court found that Comscience, through its directors and employees, was in possession of the premises. The respondents failed to provide sufficient evidence that the directors were lawfully removed or that Stanbury was appointed as sole director. By denying access to the premises, the respondents deprived Comscience of possession via its detentors, amounting to spoliation. Nyembe and Lamb, as directors, were also spoliated in their own right. The third and fifth applicants, Booyse and Ross, held the premises only on behalf of Comscience and were not spoliated personally, but restoration of…
Source excerpt
- Mandament Van Spolie
- Possession And Detentio
- Company Directors Removal
- Urgent Interdict