Journal article
Spoliation of the Matrimonial Bedroom in Botswana: Paledi V Paledi
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Publication Details Author list: Jobeta, Tebogo Publication year: 2021 Journal: University of Botswana Law Journal Volume number: 29 Start page: 53 |
Spoliation as a swift remedy has been commonly used in the sphere ofproperty law. This remedy seeks to restore possession of an item of property without hearing the merits of the case. It is easy to apply and enforce in respect of tangible assets. Never before has this remedy been sought in respect of access of a portion of immovable property particularly in matrimonial proceedings. This paper seeks to present a novel sphere where spoliation was sought in matrimonial proceedings in respect of access to the matrimonial bedroom. The paper seeks to argue that in the past, spoliation dealt with actual or perceived possession ofproperty. Possession should be given a broad and liberal meaning to include access to a part of a building.
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