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Court orders substitution of builder’s lien by R47,774.25 security and restoration of property upon payment, with sheriff enforcement.
Property law – Builder’s lien (ius retentionis) – possession (detentio and animus) as essential element – lien may be displaced by security. Civil procedure – mandament van spolie/possession relief – discretion to restore possession against adequate security. Evidence – where facts lie peculiarly within one party’s knowledge, bare denials insufficient to raise bona fide disputes on motion. Costs – successful applicant awarded High Court Scale B costs; no attorney-and-client costs awarded.
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