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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.
Khumalo and Others v Duran Law and Another (LCC93/2023) [2025] ZALCC 22 (20 May 2025)
The court found that the respondents unlawfully deprived the applicants of access to the 125-hectare grazing camp by removing the access gate and installing a fence without a court order. The evidence established that the gate existed prior to the applicants' arrival and was used for grazing and water access. The respondents' actions constituted self-help and spoliation, as they took the law into their own hands rather than seeking legal remedies. The applicants proved possession and unlawful deprivation, entitling them to restoration under the mandament van spolie. The court accepted the app…
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Eslick and Another v ASI Financial Services (Pty) Ltd and Others (2024/112123) [2024] ZAGPJHC 1065 (22 October 2024)
The High Court granted urgent spoliation relief, restoring access to email and servers and restraining interference with business premises, finding the suspension unlawful.
JC Impellers Proprietary Limited v Erven 1[...] Wadeville Proprietary Limited (2024-107540) [2024] ZAGPJHC 1025 (2 October 2024)
Urgent spoliation relief granted after a landlord cut electricity to leased premises used by a foundry. The court held the disconnection was unlawful self-help.
Minnaar and Another v Rock Mining Machines (Pry) Ltd and Others (2930/2023) [2023] ZAMPMHC 26 (10 August 2023)
The court granted an urgent final interdict ordering the return of applicants’ phones, stopping further use of extracted personal data, and awarding punitive costs.
Glen v Villa Medici Body Corporate (2023-031845) [2023] ZAGPJHC 314 (12 April 2023)
The High Court granted a spoliation order restoring access to an exclusive use area after the body corporate changed locks and removed the applicant’s belongings.
Ecodiesel (Pty) Ltd and Others v CLS Clarke Logistics Solutions (Pty) Ltd and Others (31325/2022) [2022] ZAGPPHC 745 (11 October 2022)
Urgent spoliation relief was granted after the respondents prevented a truck, trailer and diesel from leaving their premises following a fraud dispute.
Open Space Media (Pty) Ltd v Mangaung Metropolitan Municipality (733/2022) [2022] ZAFSHC 130 (1 June 2022)
The High Court discharged a rule nisi in a billboard spoliation dispute, finding the urgent application defective, the affidavit flawed, and the removal lawful under the by-law.
Loskop Landgoed Boerdery (Pty) Ltd and Others v Petrus Moeleso and Others (390/2021) [2022] ZASCA 53 (12 April 2022)
The Supreme Court of Appeal held that the reduction of the respondents' grazing area and relocation of their cattle within the farm, without their consent or a court order, constituted spoliation rather than eviction under ESTA. The respondents were deprived of peaceful possession of the two grazing camps, and the appellants' self-help remedy was unlawful. The Land Claims Court was correct to grant a restoration order but erred in granting an order for alternative grazing rights not sought in the pleadings and without procedural fairness. The costs order against the appellants was unwarranted…
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Kasi v Patinios and Another (D3502/2020) [2020] ZAKZDHC 26 (24 July 2020)
The court granted spoliatory relief restoring access to a restaurant premises, but dismissed an interdict over signage and stock removal.
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