STUDY UNIT 21

Question 1

PURPOSE OF THE ANTON PILLER ORDER:

Answer 1

is to ensure that vital evidence is preserved for use in a subsequent trial

Question 2

This application is usually…

Answer 2

this application is usually brought on an urgent basis as it is done in anticipation of the other party destroying or hiding evidence

Question 3

PROCEDURAL REQUIREMENTS:

Answer 3

held in the Universal City Studios Case:
Must establish that:
1. he has a valid cause of action against the respondent, and that he has a serious intention of pursuing the cause of action.
2. the respondent has specific documents or objects in his possession, that these documents or objects constitute as vital evidence for his proposed civil action.
3. he has a real and well-founded apprehension that the specified evidence will be destroyed, hidden or otherwise removed before the discovery stage in civil proceedings or by the time the matter is set down for trial.

Question 4

REQUIREMENTS:

Answer 4

1. he was in peaceful and undisturbed possession of the thing.
2. he was forcibly dispossessed of the thing.

Question 4

SPOLIATION ORDERS:

Answer 4

it is a fundamental principle that no man may take the law into his ow hands, that no one is permitted to dispossess another forcibly or wrongfully and against his consent of the possession of property, whether movable or immovable.
case law: Nino Bonino Case
Tswelopele case