This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court dealt with an urgent application by ETDP SETA against its former landlord, SKG Africa, concerning access to leased premises at 45 Mooi Street, Johannesburg. The court said the applicant had not made out a proper case for spoliation in its founding affidavit and had tried to add key facts in reply. The application was dismissed with costs.
This may be relevant to parties involved in urgent motion proceedings and spoliation applications.
Evidence from source
This is an urgent application in which the applicant, the ETDP SETA (a public entity), seeks a mandament van spolie against the respondent, its former landlord, SKG Africa (Pty) Ltd.
Supports: plain_summary sentence 1
The applicant has failed to make out a proper case for spoliation and interdict in its founding affidavit. It has impermissibly sought to remedy this defect in its replying affidavit.
Supports: plain_summary sentence 2
2. The application is dismissed. 3. The applicant is ordered to pay the costs of this application on a party and party, Scale C.
Supports: plain_summary sentence 3