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South Africa decisions
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Mayfin (Pty) Ltd v Mthembu and Others (2022/005801) [2022] ZAGPJHC 977 (6 December 2022)
The High Court granted a property owner access to clean and repair a hazardous building, while preventing any interference with occupiers’ continued occupation pending eviction proceedings.
R.J Motors CC t/a V.W Audi Clinic v Jennings and Others (2931/2021) [2022] ZAECMHC 7 (21 April 2022)
The court found that the applicant was in peaceful and undisturbed possession of the premises until it was unlawfully dispossessed by the respondents, who prevented access and threatened violence. The respondents' claim of a lien was rejected due to the absence of a contractual relationship with the applicant. The respondents' conduct amounted to self-help, which spoliation law seeks to prevent. The applicant satisfied the requirements for both a mandament van spolie and a final interdict, as its right to possession and access was clear, the injury was committed, and no alternative remedy was…
Source excerpt
Huawei Technologies South Africa (Pty) Limited v Redefine Properties Limited (44644/2017) [2018] ZAGPJHC 123 (18 April 2018)
The High Court refused leave to appeal against a spoliation order, holding that access through gated vehicular lanes was a protected use right.
Meintjies N.O. and Others v Nel Bk and Others (4122/2016) [2017] ZAFSHC 28 (9 February 2017)
The High Court dismissed a spoliation application, finding the applicants had not proved unlawful dispossession of the house, yard, storeroom, or access road.
Mandla Linx (Pty) Ltd v Vermaak and Others (82647/2015) [2016] ZAGPPHC 858 (15 September 2016)
The High Court awarded the applicant costs of an urgent spoliation dispute, but refused a punitive attorney-and-client order.
Driemeyer v Driemeyer (3537/2016P) [2016] ZAKZPHC 71 (1 July 2016)
The High Court dismissed leave to appeal against an urgent interdict granting access to farm property, holding the requirements for appeal were not met.
Solar Mounting Solutions (Pty) Ltd v Engala Africa (Pty) Ltd and Others (3717/2014) [2014] ZAFSHC 155 (5 September 2014)
The High Court confirmed a spoliation rule nisi after finding the applicant had a right of access to the site and was wrongfully removed by the first respondent.
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