Author: Justin Hamers – STBB
30 July 2019
ONE WRONG DOES NOT JUSTIFY ANOTHER
In such instances, the mandament van spolie, or spoliation action, affords the person deprived of possession otherwise than through a legal process, the opportunity to apply to Court to have the property returned to him, without the Court looking at the merits of the case at that stage. All the plaintiff needs prove is that it was in peaceful and undisturbed possession of property and was deprived of that possession.
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