Hall v Pitsoane and Others [1911] ZATPD 132 (25 September 1911)

Interdict - Spoliation Order - Appeal - Finality - Possession of Applicant - Evidence

A spoliation order made by a Magistrate is a final order from which an appeal lies
(Pretoria Racing Club vs van Pietersen, 1907, T.S. 687 followed).

In order to entitle an applicant to a spoliation order, he must show that, prior to being ejected, he was enjoying free and undisturbed possession. Consequently evidence on behalf of the respondent to show that the applicant had no such possession is admissible.