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South Africa decisions
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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.
Dube and Another v Ninarich Investments (Pty) Ltd and Others (2023/00000054) [2023] ZAGPJHC 295 (27 March 2023)
The court dismissed a spoliation application, finding the applicants were never in peaceful and undisturbed possession and awarding attorney-and-client costs.
God Never Fails Revival Church v Mgandela and Another (2188/2019) [2019] ZAECMHC 62 (22 October 2019)
The High Court granted a spoliation order after finding the church was unlawfully deprived of possession of a church site used for worship.
Lydall and Another v Roxton Wiggill and Another (2019/21429) [2019] ZAGPJHC 281 (7 August 2019)
The court found that the applicants were unlawfully deprived of joint possession of part of the property by the first respondent, who fenced off the area without their consent. The respondent failed to prove any legally enforceable agreement or consent by the applicants to the deprivation. The draft agreement relied upon by the respondent was never signed, and the mediator's correspondence confirmed that no firm agreement had been reached. The implementation of certain arrangements did not amount to acceptance of the entire proposal. In motion proceedings, affidavits serve as both pleadings a…
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Tsegeya v Minister of Police and Another (2746/2018) [2018] ZAECMHC 49 (21 August 2018)
Urgent spoliation application over seized liquor stock failed after the court found the police search and seizure lawful under the Criminal Procedure Act.
M.J.D v N.S and Another (5451/2017) [2018] ZAECGHC 5 (30 January 2018)
The High Court refused an urgent interdict and mandament van spolie, finding the applicant remained in possession but had not been unlawfully dispossessed.
Christian Faith Gospel Church in Africa v Dlamini and Others (11837/2016) [2017] ZAKZPHC 55 (7 December 2017)
The court found the evidence of the applicant's witnesses to be consistent and probable, establishing that the first and second respondents joined the applicant and that the right to occupy and build on the property was obtained on behalf of the applicant. The congregation at Embo was a branch of the applicant, and after the resignation of the first and second respondents, the applicant remained entitled to use the building. The court further found that the keys to the building were surrendered under threat by the sixth and seventh respondents that the building would be destroyed if the keys…
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Viljoen and Another v Bekker (9189/2015) [2015] ZAGPPHC 161 (19 February 2015)
The court found that the applicants had a registered servitude in their favour and were in peaceful and undisturbed possession of the servitude road. The respondent unlawfully deprived the applicants of possession by constructing a trench that blocked access. The existence of an alternative route was deemed irrelevant to the exercise of possession of the servitude road and did not constitute a defence to unlawful deprivation. The applicants satisfied the requirements for a spoliation order, and the court ordered restoration of access and possession of the servitude road to the applicants.
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Kokwe v Dr Ruth Segomotsi Mompati District Municipality and Others (1660/2013) [2014] ZANWHC 42 (11 September 2014)
The court dismissed a spoliation application, holding that the applicant failed to prove quasi-possession of the right to use and occupy the vacant stand.
Lobelo and Another v Kukama and Another (71429/2013) [2014] ZAGPPHC 478 (21 May 2014)
High Court spoliation application dismissed after finding no unlawful deprivation of possession, despite the applicants' prior access and control over the premises.
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