Shagan Bros v Lewis and Another [1911] ZATPD 71 (19 May 1911)

Interdict - Spoliation - Procedure - Audi alteram partem - Magistrate's Court

A spoliation order directing a person to restore possession of certain property cannot validly be made absolute without giving the person directed an opportunity of being heard. When a Magistrate had made a final spoliation order on an ex parte application.

Held, on appeal, that such order should be set aside.