Griekwaland Wes Korporatief Beperk v Standard Bank of South Africa Limited (396/19) [2020] ZASCA 10 (19 March 2020)

Griekwaland Wes Korporatief Beperk v Standard Bank of South Africa Limited (396/19) [2020] ZASCA 10 (19 March 2020)

The appellant failed to discharge the onus of proving ownership of the 306 calves attached by the respondent. The documentary evidence produced was not attested to and did not establish a link between the calves purchased and those attached. The LSTs reflected Vierfontein as purchaser and the appellant as agent, with commission payable to the appellant as agent. There was no evidence that the sellers intended to transfer ownership to anyone other than Vierfontein. As a result, the appellant could not succeed in its claim for a declaration of ownership. The appeal was dismissed, and the costs order included provision for two counsel.

Citation
[2020] ZASCA 10
Parties
Appellant: Griekwaland Wes Korporatief Beperk; Respondent: Standard Bank of South Africa Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
19 March 2020
Case Number
396/19
Procedural Posture
Civil Appeal / Appeal From the Free State Division of the High Court
Outcome
Appeal dismissed with costs, including costs for two counsel where applicable.
Judges
Navsa, Molemela, Plasket, Ledwaba, Gorven
Legal Topics
Ownership of Movable Property, Agency Relationship, Documentary Evidence, Onus of Proof
Commercial and Corporate Civil Procedure Ownership of Movable Property Agency Relationship Documentary Evidence Onus of Proof

Case Brief

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Parties

Griekwaland Wes Korporatief Beperk

Appellant

Standard Bank of South Africa Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Free State Division of the High Court

Legal Issues

  1. 1 Whether the appellant proved ownership of the 306 beef calves attached by the respondent.
  2. 2 Whether the documentary evidence adduced was sufficient to establish ownership.
  3. 3 Whether the terms of the Liaison Service Transactions and credit facility conferred ownership on the appellant.

Ratio Decidendi

The appellant failed to discharge the onus of proving ownership of the 306 calves attached by the respondent. The documentary evidence produced was not attested to and did not establish a link between the calves purchased and those attached. The LSTs reflected Vierfontein as purchaser and the appellant as agent, with commission payable to the appellant as agent. There was no evidence that the sellers intended to transfer ownership to anyone other than Vierfontein. As a result, the appellant could not succeed in its claim for a declaration of ownership. The appeal was dismissed, and the costs order included provision for two counsel.

Court Disposition

Appeal dismissed with costs, including costs for two counsel where applicable.

Orders

  • The appeal is dismissed with costs, such costs to include those consequent on the employment of two counsel where this was done.