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[2018] ZAGPJHC 525
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Jaffit and Another v Bellingan and Another (33526/2018) [2018] ZAGPJHC 525 (13 September 2018)
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