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South Africa decisions
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Sand Hawks (Pty) Ltd v 65 Twin Property2 (Pty) Ltd and Others (1454/2025) [2025] ZALMPPHC 18 (18 February 2025)
Urgent spoliation relief was granted after the court found the applicant had been unlawfully dispossessed of the property by the first and second respondents.
Lubisi t/a Ngceshe Farming v Nkosi and Others (5558/2024) [2024] ZAMPMBHC 80 (13 November 2024)
The High Court granted a spoliation order restoring the applicant’s possession of land at Kanyamazane after alleged unlawful dispossession and interdicting further interference.
Ariefdien and Others v Fredericks and Others (7630/2022) [2024] ZAWCHC 114 (26 April 2024)
The High Court held that the respondents unlawfully displaced the applicants from control of the Kalk Bay Mosque and ordered restoration, accounting, and interdictory relief.
Dhladhla v Mkhonto (A23 / 2023) [2024] ZAMPMHC 5 (15 January 2024)
High Court appeal confirming a spoliation order over household goods and a residence, holding that possession—not ownership—was decisive and that the 11-month delay was acceptable.
Somhlaba and Another v Breede River Municipality (19946/2023) [2023] ZAWCHC 339 (13 December 2023)
The court found that the municipality unlawfully dispossessed the applicants from Unit 2[...]5 without a court order, violating the rule of law and constitutional principles prohibiting self-help. Although the applicants established possession and spoliation, restoration of possession was impossible because the unit had already been allocated and transferred to an innocent third party, Ms Bushwana, who was not a party to the proceedings and whose occupation appeared lawful. The court held that spoliation proceedings cannot be used to evict an innocent third party, as this would contravene est…
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Zinju v King Sabata Dalindyebo Local Municipality (4742/2023) [2023] ZAECMHC 67 (8 December 2023)
The applicant established that he was in peaceful and undisturbed possession of the business container and municipal land prior to dispossession. The respondent unlawfully deprived the applicant of possession by impounding the container without consent, a court order, or lawful authority. The respondent's argument regarding ownership and locus standi was rejected, as spoliation proceedings do not require proof of ownership, only possession. The court found that restoration of possession to the original municipal land would perpetuate illegality, as the container was unlawfully placed there. U…
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Mogoboya and Others v Mogoboya and Others (8797/2023) [2023] ZALMPPHC 99 (23 October 2023)
The High Court granted urgent spoliation relief after finding the applicants were forcibly removed from Batlhabine Traditional Council offices without due process.
Hillbrow Consolidated Investments CC and Another v 266 Bree Street Johanessburg (Pty) Ltd and Others (2023/018054) [2023] ZAGPJHC 286 (3 April 2023)
The High Court granted a spoliation order restoring Metro Centre to the applicants, finding they were unlawfully dispossessed by armed security guards.
Schalk v Mphosi and Another (23553/22) [2022] ZAGPPHC 828 (31 October 2022)
The court confirmed a spoliation order for two Mercedes-Benz vehicles, holding that the applicant proved peaceful possession and unlawful dispossession, while ownership was irrelevant.
Tenox Management Consulting INC. v Scania South Africa (PTY) Ltd (2022/025963) [2022] ZAGPJHC 737 (3 October 2022)
High Court spoliation case over five rented trucks disabled and recovered after cancellation; court ordered restoration of possession and costs.
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