QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (CA & R 65/2022)
QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (CA & R 65/2022) [2024] ZANCHC 17 (23 February 2024)
The appeal succeeded because the respondents failed to establish unlawful deprivation of possession necessary for spoliatory relief. The evidence did not support the claim that QCK and Lore changed the locks or physically prevented access; the respondents' own affidavits introduced new facts and assumptions, undermining their case. The correspondence between the parties did not mention spoliation contemporaneously, and the delay in launching the application was inordinate. The cancellation of the Surface Use Agreement constituted the exercise of contractual rights, not spoliation. Dulostyle w…
Source excerpt
- Spoliation
- Mandament Van Spolie
- Joint Venture Agreement
- Surface Use Agreement
- Prospecting Rights
- Application To Strike Out