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South Africa Case Law

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Civil Procedure [2021] ZAFSHC 333

Clear Cut Projects (Pty) Ltd and Another v Minister of Police and Another (2058/2021)

Clear Cut Projects (Pty) Ltd and Another v Minister of Police and Another (2058/2021) [2021] ZAFSHC 333 (30 September 2021)

The court dismissed a spoliation application for return of an excavator, finding the applicants failed to prove possession or unlawful deprivation.

  • Mandament Van Spolie
  • Possession Of Movable Property
  • Hearsay Evidence
  • Locus Standi
  • Mandament-van-spolie
  • Possession-of-movable-property
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Civil Procedure [2011] ZAECPEHC 51

Du Plessis v Du Plessis and Another (2990/10)

Du Plessis v Du Plessis and Another (2990/10) [2011] ZAECPEHC 51 (29 October 2011)

The High Court upheld a spoliation claim over drilling equipment, finding the applicant had possessed the machinery and was unlawfully deprived of it.

  • Spoliation
  • Mandament Van Spolie
  • Possession Of Movable Property
  • Hire Purchase Agreement
  • Mandament-van-spolie
  • Possession-of-movable-property
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Civil Procedure [2010] ZAECPEHC 77

Du Plessis v Du Plessis and Another (2990/10)

Du Plessis v Du Plessis and Another (2990/10) [2010] ZAECPEHC 77 (29 October 2010)

The court granted a spoliation order restoring drilling equipment to the applicant and dismissed the respondents’ counter-application with costs.

  • Mandament Van Spolie
  • Possession Of Movable Property
  • Self Help
  • Hire Purchase Agreement
  • Mandament-van-spolie
  • Possession-of-movable-property
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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.