Jonker v Thiebaut (1116/2018) [2019] ZANCHC 16 (1 March 2019)

Jonker v Thiebaut (1116/2018) [2019] ZANCHC 16 (1 March 2019)

The applicant is the registered owner and titleholder of both vehicles, as evidenced by the certificates of registration and supporting documentation. The respondent’s financial contributions were derived from business profits and did not establish ownership. There was no credible evidence of an agreement to transfer ownership to the respondent upon full payment. The respondent’s denials did not raise a genuine dispute of fact requiring referral to oral evidence. The applicant satisfied the requirements for the rei vindicatio, and the vehicles are clearly identifiable and in the respondent’s possession. The court is satisfied that the applicant is entitled to the return of the vehicles...

Citation
[2019] ZANCHC 16
Parties
Applicant: Jacobus Willem Jonker; Respondent: Gerda Thiebaut
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 March 2019
Case Number
1116/2018
Procedural Posture
Civil Application / Final Determination on Papers
Outcome
Application granted. The applicant is entitled to the return of both vehicles and costs.
Judges
Mamosebo
Legal Topics
Rei Vindicatio, Ownership of Movable Property, Registration of Title, Dispute of Fact in Motion Proceedings
Land and Property Rei Vindicatio Ownership of Movable Property Registration of Title Dispute of Fact in Motion Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Jacobus Willem Jonker

Applicant

Gerda Thiebaut

Respondent

Procedural Posture

Civil Application / Final Determination on Papers

Legal Issues

  1. 1 Whether the applicant is the owner of the Toyota Quantum Minibus and Volkswagen Microbus and entitled to exercise the rights of an owner under the rei vindicatio.
  2. 2 Whether there was an agreement to transfer the vehicles to the respondent upon settlement of the purchase price.
  3. 3 Whether the matter involves a genuine dispute of fact requiring referral to oral evidence.

Ratio Decidendi

The applicant is the registered owner and titleholder of both vehicles, as evidenced by the certificates of registration and supporting documentation. The respondent’s financial contributions were derived from business profits and did not establish ownership. There was no credible evidence of an agreement to transfer ownership to the respondent upon full payment. The respondent’s denials did not raise a genuine dispute of fact requiring referral to oral evidence. The applicant satisfied the requirements for the rei vindicatio, and the vehicles are clearly identifiable and in the respondent’s possession. The court is satisfied that the applicant is entitled to the return of the vehicles...

Court Disposition

Application granted. The applicant is entitled to the return of both vehicles and costs.

Orders

  • The respondent, Ms Gerda Thiebaut, is ordered to forthwith return the Toyota Quantum Minibus with VIN number JTFRX13PX08028754 and the Volkswagen Microbus with VIN number AAVZZZ25VZU004000 to the applicant, Mr Jacobus Willem Jonker.
  • Should the respondent fail to comply with the order within seven days, the sheriff of this Court is authorised to attach these vehicles and deliver them to the applicant.