Mandament van spolie
A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.
Definition
A mandament van spolie matter usually focuses on possession and dispossession, not final ownership. The practical review should preserve proof of prior possession, how possession was disturbed, dates, locks or access changes, messages, photographs, witnesses, urgency, and whether an interdict, spoliation application, eviction route, or another remedy fits the facts.
Key takeaways
A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.
Civil Procedure
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Unlawful dispossession
Locked out of property
Business access dispute
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Civil Litigation Consultation Pack: prepare Summons, Notice of motion, Pleadings and identify missing records before legal advice.
Civil ProcedureChecklistLitigation Checklist
Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.
Civil ProcedureFAQs
Mandament van spolie FAQs
What does Mandament van spolie mean?
A possessory remedy used to restore possession where someone has been unlawfully dispossessed without a court process.
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