Monteiro and Another v Diedricks (1199/2019) [2021] ZASCA 15 (2 March 2021)

Flynote

Mandament van spolie – principle affirmed that remedy
possessory in nature – order requiring restoration of possession must be
capable of being carried into effect – high court having ordered party not in
possession of spoliated property to restore possession thereof to despoiled
party – whether agent of company a co-spoliator - order set aside as not
capable of being carried into effect


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