Turner and Another v Ntintelo and Another (A 248/22)
Turner and Another v Ntintelo and Another (A 248/22) [2023] ZAWCHC 51 (8 March 2023)
The court found that the respondents were in peaceful and undisturbed possession of the right to use water and electricity at their residence on the farm, and that Mr Turner unlawfully deprived them of these rights by disconnecting the supply. The evidence, including corroboration by a police officer, was uncontroverted and the appellants' version was found to be inherently improbable and unsupported by objective facts. The court held that the spoliation remedy was correctly granted, as the respondents' rights to water and electricity were incidents of their occupation protected under ESTA, n…
Source excerpt
- Mandament Van Spolie
- Extension Of Security Of Tenure Act
- Right To Water
- Right To Dignity
- Specific Performance
- Rule 31 Magistrates Court