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Property and real rights — spoliation — spoliation order — requirements for obtaining such order — applicant not required to show some reasonable or plausible claim to the property — court will not inquire into the juridical nature of the possession claimed
In order to obtain a spoliation order, an applicant has to set up and prove that he was in peaceful and undisturbed possession of the property and that the respondent deprived him of such possession (Botha & Anor v Barrett 1996 (2) ZLR 73 (S) followed). The applicant does not have to show some reasonable or plausible claim to the property despoiled, nor will the court inquire into the juridical nature of the possession claimed.
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