Spoliation Of The Matrimonial Bedroom In Botswana: Paledi V Paledi

Abstract

Spoliation as a swift remedy has been commonly used in the sphere of property 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 of property. Possession should be given a broad and liberal meaning to include access to a part of a building.