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Applicant failed to prove wrongful dispossession; opposing counsel’s secret procurement of a witness affidavit was unethical and excluded, application dismissed with no costs.
Civil procedure – mandament van spolie – requirements (possession and wrongful dispossession) – onus on applicant – urgency – admissibility of affidavit obtained through unethical conduct by opposing counsel – non-joinder – costs discretion where counsel’s conduct unethical.
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