Mutale and Another v Forte and Others (2021/46077) [2021] ZAGPJHC 573 (19 October 2021)
There is a continuous recurrence of judgments dealing with spoliation applications. These applications are brought by applicants who allege that their peaceful possession of property was unlawfully disturbed by another. The underlying premise is that, as a general rule, no one – even if he or she is ‘in the right’ – may take the law into his own hands and disturb another’s possession: For example, where a seller that cancels a sale agreement of land, changes the locks to the property to make sure the purchaser who has taken occupation, can no longer gain entry, is taking the law into his own hands. In such instance, a spoliation application can be successful, as this judgment illustrates.
