South Africa: South Gauteng High Court, Johannesburg

REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION

LOCAL SEAT, JOHANNESBURG

CASE NO: 33526/2018

In the matter between:

DAVID JAFFIT                                                                                        FIRST APPLICANT

MAXINE JAFFIT                                                                                SECOND APPLICANT

and

PIETER GERHARDUS BELLINGAN                                                FIRST RESPONDENT

DARRYL BEIRA                                                                           SECOND RESPONDENT

J U D G M E N T

WRIGHT J

1. The applicants live on a residential property in Johannesburg. Until recently they accessed their property via a remotely controlled gate driven by an electric motor. The first respondent lives next door and the electric power to the gate comes from his property. The parties had a long-standing arrangement of sorts that they would contribute to common expenses like security.

2. About 3 days ago the first respondent, without a court order unilaterally removed the motor from the gate and cut off the electricity supply. He put a manual lock on the gate and gave the applicants keys to the lock. They seek urgently spoliation relief. They fear for their security. They say that, as a fact, up until recently they have enjoyed access to their home via the remotely controlled gate.

3. The respondent says that he is not obliged to supply electricity to the gate. I make no finding on the point. Nor do I make any finding on the greater disputes between the parties. This case concerns only spoliation. The fact of the matter is that the applicants have been deprived of at least part of their former method of access. In the circumstances they have shown a spoliation.

ORDER

1. Prayers 1 & 2 of the Notice of Motion dated 11 September 2018 are granted.

2. The first respondent is to pay the applicant’s costs on the party and party scale.

__________________

WRIGHT J

On behalf of the Applicants: Adv J M Hoffman

Instructed by: Swartz Weil Van Der Merwe

Greenberg Inc

011 486 2850

joshua@swvginc.co.za

On behalf of the 1^st Respondent: Adv C Acker with him Adv De la Hunt

Instructed by: Pagel Schulenburg Inc.

011 463 1214 / Z Hartman

Date of Hearing: 13 September 2018

Date of Judgment: 13 September 2018