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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 270

Little Graduates School CC v K2023253684 (South Africa) Pty Ltd (2024-148094)

Little Graduates School CC v K2023253684 (South Africa) Pty Ltd (2024-148094) [2025] ZAGPPHC 270 (17 March 2025)

The High Court restored a school’s possession of its premises under the mandament van spolie, found unlawful self-help, granted an interdict, and awarded punitive costs.

  • Mandament Van Spolie
  • Unlawful Eviction
  • Urgent Interdict
  • Possession Vs Access
  • Mandament-van-spolie
  • Unlawful-eviction
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Civil Procedure [2025] ZAWCHC 78

Abrahams N.O and Others v Geldenhuys N.O and Others (Reasons) (2025/001463)

Abrahams N.O and Others v Geldenhuys N.O and Others (Reasons) (2025/001463) [2025] ZAWCHC 78; [2025] 2 All SA 388 (WCC) (5 March 2025)

The High Court held that club members seeking access to squash facilities were asserting contractual rights, not possessory rights, so mandament van spolie relief was unavailable.

  • Mandament Van Spolie
  • Voluntary Association
  • Contractual Rights
  • Specific Performance
  • Possession Vs Access
  • Mandament-van-spolie
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Civil Procedure [2016] ZAFSHC 123

Matomela v Maine and Others (1703/2016)

Matomela v Maine and Others (1703/2016) [2016] ZAFSHC 123 (8 August 2016)

The High Court dismissed a spoliation application by a suspended minister, holding that he showed access to church property, not peaceful possession.

  • Mandament Van Spolie
  • Possession Vs Access
  • Church Property Dispute
  • Mandament-van-spolie
  • Possession-vs-access
  • Church-property-dispute
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Civil Procedure [2006] ZAKZHC 21

De Beer v Zimbali Estate Management Association (Pty) Ltd and Another (6711/05)

De Beer v Zimbali Estate Management Association (Pty) Ltd and Another (6711/05) [2006] ZAKZHC 21; 2007 (3) SA 254 (N) (11 May 2006)

The court held that an estate agent’s access disc gave her access, not possession, of the whole Zimbali estate. Her spoliation application was dismissed.

  • Mandament Van Spolie
  • Possession Vs Access
  • Gated Community Rights
  • Spoliation Order
  • Quasi Possession
  • Exclusive Possession
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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.