Riemhogte CC and Others v Jacob Durr Trust and Others (1335/2020) [2020] ZAMPMHC 33 (24 July 2020)

Riemhogte CC and Others v Jacob Durr Trust and Others (1335/2020) [2020] ZAMPMHC 33 (24 July 2020)

The court found that the respondents failed to prove any valid lien over the cattle and progeny, as they did not provide evidence of actual expenses or enrichment. The respondents' opposition consisted of bald and unsubstantiated allegations, and no material factual disputes existed to preclude relief on motion. The applicants were entitled to vindicate and recover all cattle delivered, as well as calves born after litis contestatio (5 May 2020), with those born before remaining with the respondents. The cash deposit paid by the applicants was not disputed and had to be repaid, as the respondents' alleged counterclaims were unliquidated and could not be set off. The respondents' conduct...

Citation
[2020] ZAMPMHC 33
Parties
Applicant: Riemhoogte CC; Applicant: Leon Renier van Tonder; Applicant: Leon Renier van Tonder N.O.; Applicant: Corné van Tonder N.O.; Applicant: Wouter van der Merwe N.O.; Respondent: The Jacob Durr Trust (IT 5808/1997); Respondent: Jacob Durr; Respondent: Calicom Trading 388 CC
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
24 July 2020
Case Number
1335/2020
Procedural Posture
Civil Application / Final Determination After Prior Urgent Application Struck Off for Lack of Urgency
Outcome
Application granted. The respondents are ordered to return the cattle and progeny (subject to litis contestatio), repay the cash deposit, and pay punitive costs.
Judges
Brauckmann
Legal Topics
Rei Vindicatio, Alienation of Land Act, Lien, Ownership of Progeny, Motion Proceedings, Set Off
Land and Property Civil Procedure Commercial and Corporate Rei Vindicatio Alienation of Land Act Lien Ownership of Progeny Motion Proceedings +1 more

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Parties

Riemhoogte CC

Applicant

Leon Renier van Tonder

Applicant

Leon Renier van Tonder N.O.

Applicant

Corné van Tonder N.O.

Applicant

Wouter van der Merwe N.O.

Applicant

The Jacob Durr Trust (IT 5808/1997)

Respondent

Jacob Durr

Respondent

Calicom Trading 388 CC

Respondent

Procedural Posture

Civil Application / Final Determination After Prior Urgent Application Struck Off for Lack of Urgency

Legal Issues

  1. 1 Whether the respondents have a valid lien over the cattle and progeny delivered by the applicants.
  2. 2 Whether the applicants are entitled to vindicate and recover the cattle and progeny from the respondents.
  3. 3 Whether the applicants are entitled to repayment of the cash deposit paid to the respondents.

Ratio Decidendi

The court found that the respondents failed to prove any valid lien over the cattle and progeny, as they did not provide evidence of actual expenses or enrichment. The respondents' opposition consisted of bald and unsubstantiated allegations, and no material factual disputes existed to preclude relief on motion. The applicants were entitled to vindicate and recover all cattle delivered, as well as calves born after litis contestatio (5 May 2020), with those born before remaining with the respondents. The cash deposit paid by the applicants was not disputed and had to be repaid, as the respondents' alleged counterclaims were unliquidated and could not be set off. The respondents' conduct...

Court Disposition

Application granted. The respondents are ordered to return the cattle and progeny (subject to litis contestatio), repay the cash deposit, and pay punitive costs.

Orders

  • The respondents must forthwith return all of the first applicant's cattle bearing specified brand marks and any offspring born before 5 May 2020 to the first applicant.
  • The respondents must disclose in writing the location and number of all cattle and offspring.