Venter and Others v Fichardt and Others (2215/2023)
Venter and Others v Fichardt and Others (2215/2023) [2023] ZAFSHC 200 (19 May 2023)
The court found that the applicants had established peaceful and undisturbed possession of both the gravel road and the dam, and that the respondents unlawfully deprived them of such possession by erecting fences and obstacles. The respondents' argument that continuous physical presence is required for possession was rejected, as was the contention that alternative access negates spoliation. The court held that the mandament van spolie protects use and access, not just physical occupation, and that the applicants were entitled to restoration of possession ante omnia. The respondents' tender r…
Source excerpt
- Mandament Van Spolie
- Possessory Remedy
- Restoration Of Possession
- Access To Land
- Removal Of Obstacles