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Accordingly, the respondents state that the structures have at all times remained in the possession and under the control of PRASA, and that, at best, the applicants are the owners of the structures and their only claim is to have ownership thereof restored to them.

[12] The remedy to prevent a threatened spoliation is a prohibitory interdict.

[4] Following the award of the tender, PRASA purported to terminate the applicants’ leases.

In November 2011, the first applicant received a letter from the second respondent (Intersite), representing PRASA, wherein the latter purported to cancel the master lease agreement entered into between the parties in about 2004.

The contrary argument advanced by the respondents is that proof of the applicants’ factual possession is not in itself sufficient to establish the requisite clear right and that what is required in order to obtain a final interdict is proof of a legal right to possession (ius possidendi) flowing from either a real right such as ownership or a personal right arising from contract.