n Without Prejudice - When possession is ten-tenths of the law : the law
|Article Title||When possession is ten-tenths of the law : the law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Webber Wentzel|
|Publication Date||Aug 2015|
|Pages||65 - 66|
A legal concept that requires possession to be returned to the original owner if it can be proved that it was illegally removed, appears to trump all other legal considerations. The simple application of the two leg test of the possessory remedy (commonly referred to as the mandament van spolie remedy) can result in a travesty of justice occurring.
Article metrics loading...