Eskom Holdings SOC Limited v Masinda (1225/2018) [2019] ZASCA 98 (18 June 2019)

Property Law – spoliation – access to server and use of email
address of director terminated – neither servitutal use nor use as an incident
of possession of corporeal property – not quasi-possession for which
mandament van spolie available

Application for restoration of shares – claim that shares donated on the
basis of misrepresentation that persons with BBBEE credentials would benefit – case
withdrawn against registered shareholder – entities alleged to be beneficial shareholders
not cited – order by court against individual alleged to have made representation
incapable of execution – issues including ownership of shares involving corporate
structures complex – motion proceedings inappropriate

Property law – spoliation (mandament van spolie) requirements – municipality dismantling and removing respondent’s billboard on municipal land – erected contrary to by-law – application to regularise billboard – settlement agreement – operative for two years – agreement lapsing – whether status quo ante should be restored