n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Company law and the spoliated director : : case comments

Volume 20, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



In (2007 (2) SA 593 (C)) the question arose whether a director was entitled to a spoliation remedy if the company prevented him from entering its premises and accessing his office.

A spoliation order may be granted only if the applicant was in possession of property with the intention of securing a benefit for himself. The Court thus had to decide whether the director performed his work and occupied his office to secure a benefit for himself. In the course of deciding this question, it made a number of interesting remarks on directors and their duties to a company. The purpose of this note is to analyse these remarks from the perspective of company law. But first a brief overview of the facts and the judgment.

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