South Africa Case Law

Steeledale (Pty) Ltd v Scaw South Africa (Pty) Ltd ta Scaw Metals Group and Another (2020/19785)

Steeledale (Pty) Ltd v Scaw South Africa (Pty) Ltd ta Scaw Metals Group and Another (2020/19785) [2025] ZAGPJHC 411 (29 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19785

Judge

Mahomed

The application for a final interdict and declaratory relief fails because the ownership of the assets listed in annexure JFE1 is strongly disputed and cannot be resolved on the papers in motion proceedings. The dispute involves complex factual questions regarding whether the assets are movable or have acceded to the property, requiring expert evidence and cross-examination. The intention of the parties at the time of contracting is central to determining ownership, but the available evidence is insufficient. The respondent's version must prevail under the Plascon Evans principle, and Steelda…

Source excerpt

• Lease Agreement Interpretation
• Ownership Dispute
• Business Rescue
• Accession Of Property
• Final Interdict
• Declaratory Relief

Promispace CC v DRDGold Limited and Others (062949/2023)

Promispace CC v DRDGold Limited and Others (062949/2023) [2024] ZAGPPHC 959 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

062949/2023

Judge

Collis

The High Court dismissed a claim that a mine dump on municipal property had become res nullius and could be appropriated by the applicant.

• Ownership Of Mine Dumps
• Res Derelicta
• Accession Of Property
• Res Nullius
• Ownership-of-mine-dumps
• Res-derelicta

Remhoogte CC and Others v The Jacob Durr Trust and Others (A23/2020)

Remhoogte CC and Others v The Jacob Durr Trust and Others (A23/2020) [2021] ZAMPMHC 14 (8 April 2021)

Court

Middelburg High Court, Mpumalanga

Case number

A23/2020

Judges

Legodi JP, Barnardt AJ, Bam AJ

The court held that the oral agreement for the sale of the farm was void for non-compliance with the Alienation of Land Act, and thus the cattle delivered as deposit must be returned. The principle of accession dictates that the owner of the mother is entitled to the offspring born after delivery. The rigid application of the litis contestatio principle, limiting Remhoogte's claim to offspring born only after the institution of proceedings, results in arbitrary deprivation of property and unjust enrichment of the respondents, contrary to section 25 and the interests of justice under section 1…

Source excerpt

• Alienation Of Land Act
• Rei Vindicatio
• Accession Of Property
• Unjustified Enrichment
• Constitutional Property Rights
• Bona Fide Possession