Dennegeur Estate Home Owners Association and Another v Telkom SA SOC Ltd (366/2018) [2019] ZASCA 37 (29 March 2019)

Jurisdiction: South Africa
Citation: Dennegeur Estate Home Owners Association and Another v Telkom SA SOC Ltd (366/2018) [2019] ZASCA 37 (29 March 2019)
Media Neutral Citation: [2019] ZASCA 37
Hearing date: 18 March 2019
Court: Supreme Court of Appeal of South Africa
Case number: 366/2018
Judges: Eksteen AJA, Zondi JA, Ponnan JA, Dlodlo AJA, Lewis ADP
Judgment date: 29 March 2019
Language: English
Type: Judgment
Download: Download PDF (176.5 KB)

Flynote: Spoliation – Electronic Communications Act 36 of 2005 – installation by Telkom of copper cables in portion of underground plastic sleeves, the property of the land owner, does not amount to possession – installation by Vodacom of optic fibre cables in the same sleeves did not disturb Telkom’s use – does not amount to
spoliation.

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