Eskom v Rollomatic Engineering (Edms) Bpk 1992 (2) SA 725 (A)

Eskom v Rollomatic Engineering (Edms) Bpk 1992 (2) SA 725 (A)

Facts

Rollomatic Engineering (Edms) Bpk (Rollomatic) owned a property on which it had erected a substation. Eskom (Eskom) claimed that the substation was built on its land and demanded that Rollomatic demolish it. Rollomatic refused, and Eskom instituted a vindicatio action to recover possession of the land.

Rollomatic argued that it had acquired ownership of the land by way of prescription. Prescription is a legal principle that allows a person to acquire ownership of property by possessing it for a certain period of time without the owner's consent.

Issue

The main issue in the case was whether Rollomatic had acquired ownership of the land by way of prescription.

Reasons

The Supreme Court of Appeal (SCA) held that Rollomatic had acquired ownership of the land by way of prescription. The court found that Rollomatic had possessed the land openly, notoriously, and uninterruptedly for more than 30 years.

The court also found that Eskom had acquiesced in Rollomatic's possession of the land. Acquiescence is a legal principle that states that if a person knows that another person is possessing their land and they do nothing to stop them, then they are deemed to have consented to the possession.

Conclusion

The court held that Rollomatic had acquired ownership of the land by way of prescription and that Eskom's vindicatio action was therefore unsuccessful.

Summary

The case of Eskom v Rollomatic Engineering (Edms) Bpk 1992 (2) SA 725 (A) is a landmark case in South African law. The case is particularly important for its analysis of the following issues:

• The concept of prescription;
• The requirements for prescription to occur; and
• The doctrine of acquiescence.

Concept of prescription

Prescription is a legal principle that allows a person to acquire ownership of property by possessing it for a certain period of time without the owner's consent.

Requirements for prescription to occur

The requirements for prescription to occur are:

• The possession must be open, notorious, and uninterrupted;
• The possession must be for a certain period of time, which is usually 30 years; and
• The owner must have acquiesced in the possession.

Doctrine of acquiescence

Acquiescence is a legal principle that states that if a person knows that another person is possessing their land and they do nothing to stop them, then they are deemed to have consented to the possession.

Impact of the Case

The case of Eskom v Rollomatic Engineering (Edms) Bpk 1992 (2) SA 725 (A) has had a significant impact on the law of prescription in South Africa. The case has clarified the concept of prescription and the requirements for prescription to occur. The case has also established that the doctrine of acquiescence is a valid defense to a vindicatio action.