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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 783

Mthombeni v Masuku and Others (2025-124686)

Mthombeni v Masuku and Others (2025-124686) [2025] ZAGPPHC 783 (4 August 2025)

The court held that the managing agent was improperly joined in a spoliation application and ordered the applicant to pay its costs on an attorney-and-client scale.

  • Joinder Of Parties
  • Spoliation
  • Costs Orders
  • Punitive Costs
  • Misjoinder
  • Punitive-costs
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Civil Procedure [2025] ZAGPPHC 750

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025)

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia…

  • Eviction Order
  • Interim Interdict
  • Spoliation
  • Ownership Registration
  • Company Deregistration
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Civil Procedure [2025] ZAGPJHC 596

Juscar Metale (Pty) Ltd v National Commissioner of Police and Another (2022/060800)

Juscar Metale (Pty) Ltd v National Commissioner of Police and Another (2022/060800) [2025] ZAGPJHC 596 (11 June 2025)

The High Court postponed a spoliation matter sine die to allow joinder of the Minister of Police, ordering the applicant to pay the respondents’ wasted costs on scale C.

  • Joinder Of Parties
  • State Liability Act
  • Spoliation
  • Postponement
  • Costs Orders
  • Joinder-of-parties
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Land And Property [2025] ZAKZPHC 53

Zulu v Mali Mik Properties (Pty) Ltd and Another (2025-066654)

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.

  • Interim Interdict
  • Eviction Proceedings
  • Spoliation
  • Urgent Application
  • Restoration Of Possession
  • Urgent-interdict
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Criminal Law [2025] ZAGPPHC 486

Mtakati v Minister of Police, Republic of South Africa and Another (Leave to Appeal) (2024/105172)

Mtakati v Minister of Police, Republic of South Africa and Another (Leave to Appeal) (2024/105172) [2025] ZAGPPHC 486 (12 May 2025)

The High Court granted leave to appeal a judgment involving sections 20 and 22 of the Criminal Procedure Act, finding the matter raised arguable Bill of Rights issues.

  • Criminal Procedure Act Section 20
  • Criminal Procedure Act Section 22
  • Leave To Appeal
  • Spoliation
  • Bill Of Rights
  • Evidence Requirements
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Land And Property [2025] ZAGPJHC 435

Mathlatjie and Others v Mogale City Local Municipality and Others (2025/054979)

Mathlatjie and Others v Mogale City Local Municipality and Others (2025/054979) [2025] ZAGPJHC 435 (6 May 2025)

An urgent spoliation bid arising from an alleged land invasion was dismissed after the court found staged evidence, no lawful occupation, and abuse of process.

  • Spoliation
  • Urgent Interdict
  • Land Invasion
  • Prevention Of Illegal Eviction Act
  • Abuse Of Court Process
  • Punitive Costs
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Civil Procedure [2025] ZAGPPHC 464

O.K.M.M v L.M.P.M and Another (2025/040036)

O.K.M.M v L.M.P.M and Another (2025/040036) [2025] ZAGPPHC 464 (25 April 2025)

High Court enforced a prior spoliation order pending appeal, finding exceptional circumstances and irreparable harm to the applicant.

  • Enforcement Pending Appeal
  • Spoliation
  • Urgent Interdict
  • Irreparable Harm
  • Exceptional Circumstances
  • Enforcement-pending-appeal
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Civil Procedure [2025] ZANCHC 30

Bright Ideas Projects 860 CC and Another v Matsapa Trading 647 CC and Others (631/2024)

Bright Ideas Projects 860 CC and Another v Matsapa Trading 647 CC and Others (631/2024) [2025] ZANCHC 30 (28 March 2025)

Leave to appeal was granted in a spoliation dispute over possession of a fuel station and shop business, because the appeal had a reasonable prospect of success.

  • Mandament Van Spolie
  • Spoliation Of Business
  • Leave To Appeal
  • Superior Courts Act
  • Possession Dispute
  • Leave-to-appeal
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Civil Procedure [2025] ZAGPJHC 714

Graham N.O and Others v Reyneke and Others (2024/050337)

Graham N.O and Others v Reyneke and Others (2024/050337) [2025] ZAGPJHC 714 (13 March 2025)

The High Court refused leave to file a further affidavit in pending spoliation proceedings, finding the proposed evidence irrelevant and collateral to the dispute.

  • Spoliation
  • Rule 6 5 E
  • Affidavit Admission
  • Mandament Van Spolie
  • Civil-procedure
  • Rule-6-5-e
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Civil Procedure [2025] ZAFSHC 92

Makhabane and Others v Rapelang Orabeleng (Pty) Ltd and Others (7132/2024)

Makhabane and Others v Rapelang Orabeleng (Pty) Ltd and Others (7132/2024) [2025] ZAFSHC 92 (7 March 2025)

The High Court discharged a spoliation rule nisi over cattle, holding that the First Respondent was a bona fide third-party possessor and spoliation was not competent.

  • Mandament Van Spolie
  • Bona Fide Possession
  • Spoliation Defences
  • Rei Vindicatio
  • Pound Master Liability
  • Mandament-van-spolie
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.