Khomo v Khomo (1133/2008) [2008] ZAFSHC 25 (8 May 2008)
Court
Free State High Court, Bloemfontein
Case number
1133/2008
Judge
S. Ebrahim
The court found that the applicant and respondent, married in community of property, were joint possessors of the Toyota Hilux vehicle. The respondent removed the vehicle without the applicant's consent, constituting spoliation. However, the applicant delayed approximately two months before seeking spoliatory relief, during which time he continued to use another vehicle and made no attempt to recover the Toyota Hilux. The court held that the applicant's conduct following the dispossession amounted to a tacit waiver of his right to claim spoliatory relief. The delay was interpreted as acquiesc…