Shongwe (nee Vilakati) v Shongwe and Others (798 of 2022) [2022] SZHC 400 (7 June 2022)

Case summary

Mandament van spolie - Ownership and proof thereof not q requirement. Peaceful and undisturbed possession is all what is required. Rulel8 (4) considered. Deprivation of property left in the hands of widows is frown upon. It does not only constitutes harassment but it violates the constitution. The application succeeds. No order as to costs.

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