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South Africa decisions
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Tsele and Another v Kgetleng Rivier Local Municipality and Another (273/25) [2025] ZANWHC 116 (9 July 2025)
The High Court confirmed a rule nisi restoring electricity to the applicants’ home, holding the municipality’s disconnection was unlawful spoliation.
Affirm Manufacturing Services (Pty) Ltd t/a Rototank v Dasel Properties (Pty) Ltd and Another (2025/054421) [2025] ZAGPPHC 529 (23 May 2025)
The court found that the applicant was in peaceful and undisturbed possession of the advertising space at Plot 148 under a lease agreement, and was unlawfully deprived of possession by the first respondent, who resorted to self-help without a valid cancellation clause or mutual agreement. The respondent's defence of impossibility was rejected, as restoration of possession of the advertising space itself is not rendered impossible by the destruction of signage or third-party occupation; the applicant seeks possession of the space, not the exact signage. The court held that the requirements for…
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Zulu v Mali Mik Properties (Pty) Ltd and Another (2025-066654) [2025] ZAKZPHC 53 (20 May 2025)
The High Court granted urgent interim relief protecting an occupier’s possession of property, restraining interference and ordering restoration of removed doors.
Van Eeden v Oosthuizen and Others (2025-012995) [2025] ZAWCHC 146 (28 March 2025)
The High Court dismissed an urgent spoliation application for property keys, holding that the applicant was not in occupation and spoliation protects possession, not mere access.
Skosana and Others v Jose and Another (LCC 41/2024) [2025] ZALCC 12 (26 February 2025)
The Land Court dismissed an urgent ESTA restoration claim after finding a disputed and unproven residence case, and discharged the interim rule nisi.
Lewray Investments (Pty) Ltd v City of Johannesburg and Others (2025/024502) [2025] ZAGPJHC 143 (25 February 2025)
The High Court set aside the City of Johannesburg’s eviction of Lewray Investments, held the spoliation unlawful, ordered restoration of possession, and granted punitive costs.
Nieuwoudt v Steyn and Another (2025-002319) [2025] ZAGPPHC 60 (22 January 2025)
Urgent spoliation relief was granted after the applicant was dispossessed of occupied property without a court order, and the second respondent was held bound by notice.
Neffex (Pty) Ltd and Another v Impala Platinum Holdings Ltd and Others (2024/095671) [2024] ZAGPPHC 1356 (31 December 2024)
The court granted partial urgent relief in a spoliation and warrant-execution dispute, staying the warrant and ordering production of the SAP 13 register.
Chokoe and Others v MEC for Human Settlements and Others (031031/2022) [2024] ZAGPJHC 1237 (26 November 2024)
The court held that the municipality could not demolish or evict without a court order, found spoliation on the papers, and ordered reconstruction of the applicants’ structures.
Groenewald and Others v Galloptic Trade and Investment 15 (Pty) Ltd and Others (2024/0699930) [2024] ZAGPJHC 993 (4 October 2024)
The High Court held the applicants’ appeal against an eviction order had not lapsed, joined a necessary party, and referred occupation and restoration issues to oral evidence.
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