SPOLIATION ORDER
The law is there to maintain a check and balance in our systems as well as the manner in which we interact with one another. The law is there to prevent individuals from taking the law into their own hands and exercising instant justice. A spoliation order also known as a mandamus van spolie prevents individuals from doing just that. A mandamus van spolie is obtained by way of a court application, and in the event that the matter is urgent the application is made on an urgent basis.
An application for a spoliation order is done so as to restore possession of property where one has been unlawfully/illegally deprived of the property. With this type of application one need not prove that they are the legal owner of the property. An application of this nature takes into account the possession of the property.
To be granted such an application the applicant in the matter will have to prove to the court the following:
- That prior to being dispossessed of the property they were in peaceful and undisturbed possession of the property in question; and
- That they were unlawfully deprived of possession of the property by the respondent in the matter.
While it may be the natural response to take matters into your own hands, the Courts in such cases tend to deter the public from taking the law into their own hands and encourages the public to use the proper channels that may be available to them to get their property. There are quite a number of remedies that are available to one in the event that they want to regain possession of their property an example being a mandatory interdict amongst other available remedies. A mandatory interdict, if granted compels the respondent to perform certain acts to ensure the property is returned.
Our team of Legal Practitioners is ready to assist parties that have been unlawfully dispossessed of property of that would like to get their property back after a certain state of affairs has taken place.
This article is for general information purposes only-seek legal advice from a lawyer.
