SPOLIATION IN COMMERCIAL LEASES
Thursday, 16 January 2020
INTRODUCTION It is a settled law that if a landlord unlawfully deprives a tenant of electricity or water supply at a residential property, this constitutes spoliation, or unlawful dispossession. This unlawful dispossession can beprotected by bringing an application to a Court for an order that the supply be restored immediately. The action under which this
- Published in 2015, Spoliation
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SPOLIATION – TERMINATION OF ABILITY TO PURCHASE PRE-PAID ELECTRICITY
Monday, 13 January 2020
SUMMARY The present case is an application based on the mandament van spolie to restore the supply of water and electricity services which were restricted by a Home Owners Association due to arrear levies on the account. Gert van Rooyen (the Applicant) leased a property within an estate. The owner of the property was a
- Published in 2015, Spoliation
