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Civil Procedure [2006] ZAWCHC 28

Denmar Trading BP and Others v Corporation Retail SE (Pty) Ltd (4573/06)

Denmar Trading BP and Others v Corporation Retail SE (Pty) Ltd (4573/06) [2006] ZAWCHC 28; [2008] 1 All SA 47 (C) (27 June 2006)

The court found that the applicants retained peaceful and undisturbed possession of the business premises until the arrival of the respondent's directors, at which point possession was taken without their consent. The applicants maintained control over the premises, keys, employees, and business operations during the stock taking, and did not regard it as a takeover. The respondent failed to prove genuine and freely given consent to dispossession. The court held that the respondent's conduct amounted to unlawful spoliation, entitling the applicants to restoration of possession under the manda…

  • Mandament Van Spolie
  • Franchise Agreement Termination
  • Possession And Spoliation
  • Urgent Interdict
  • Parate Executie
  • Right Of Access To Courts
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