Konate Logistics (Pty) Ltd v Minister of Police (16236/2021) [2025] ZAGPPHC 629 (23 June 2025)
Court
North Gauteng High Court, Pretoria
Case number
16236/2021
Judge
Ellis AJ
The High Court dismissed Konate Logistics’ claim for delivery or damages after finding it failed to prove ownership of the seized goods or locus standi.
Buchner N.O and Others v Buchner N.O and Others (906/2022) [2023] ZAECMKHC 33 (16 March 2023)
Court
Eastern Cape High Court, Makhanda
Case number
906/2022
Judge
D.O. Potgieter
High Court exception ruling on a lease dispute: the rei vindicatio part of the third reconventional claim failed, but the cancellation and actio ad exhibendum points survived.
Visser and Another v Moore (27676/2014) [2019] ZAGPPHC 426 (30 August 2019)
Court
North Gauteng High Court, Pretoria
Case number
27676/2014
Judge
Potterill
The High Court awarded damages after finding unlawful repudiation of a lease and disposal of assets that included tools needed for Visser’s carpentry business.
Ecsponent Investment Holdings (Pty) Ltd v Skratch Resources (Pty) Ltd and Another (95108/2015) [2017] ZAGPPHC 529 (11 August 2017)
Court
North Gauteng High Court, Pretoria
Case number
95108/2015
Judge
HF Jacobs
The court dismissed an ownership claim over a chromite recovery plant, finding material disputes of fact and uncertainty about the plant’s identity and location.
Minister of Police and Another v SA Metal and Machinery (462/13) [2014] ZASCA 95; 2015 (1) SACR 107 (SCA) (1 July 2014)
Court
Supreme Court of Appeal
Case number
462/13
Judges
Mpati, Lewis, Bosielo, Theron, Mocumie
The Supreme Court of Appeal held that the police failed to discharge the onus of proving that SA Metal's possession of the goods was unlawful. The Second-Hand Goods Act did not render possession unlawful for failure to keep a register. The goods were disposed of without justification, and SA Metal was entitled to their return, but as they had been alienated, damages under the actio ad exhibendum were appropriate. The court found that all requirements for the actio ad exhibendum were met: wrongful alienation before litis contestatio, awareness of SA Metal's claim, and patrimonial loss. Motion…
Elatfield (Pty) Ltd v Celtic Freight Logistics (Pty) Ltd (10198/2013) [2014] ZAGPJHC 114 (6 May 2014)
Court
South Gauteng High Court, Johannesburg
Case number
10198/2013
Judge
N F Kgomo
The High Court held that Hygienic Tissue Mills CC owned the tissue reels, rejected the respondent’s lien, and allowed the intervening party to claim their value after sale.
Christelis N.O. and Others v Meyer N.O. and Others (916/12) [2014] ZASCA 53 (16 April 2014)
Court
Supreme Court of Appeal
Case number
916/12
Judges
Mthiyane DP, Mhlantla JA, Wallis JA, Legodi AJA, Mathopo AJA
Appeal over alleged hidden jointly owned assets failed because the key witness was unreliable and the claimed assets were not proved with sufficient certainty.
Farmsecure Livestock (Edms) Bpk v Matsepe N.O. and Others, In Re; Farmsecure Livestock (Edms) Bpk v Meester Van Die Hoë Hof and Others (3338/2013) [2014] ZAFSHC 44 (27 March 2014)
Court
Free State High Court, Bloemfontein
Case number
3338/2013
Judge
C.H.G. van der Merwe, R
The court refused interim relief over cattle-sale proceeds, holding that Farmsecure showed no prima facie right and no locus standi against the insolvent estate.
Rossouw NO and Another v Land and Agricultural Development Bank of South Africa (794/12) [2013] ZASCA 106; [2013] 4 All SA 318 (SCA) (13 September 2013)
Court
Supreme Court of Appeal
Case number
794/12
Judges
Brand, Leach, Majiedt, Van der Merwe, Meyer
The Supreme Court of Appeal found that the Bank had acquired ownership of the six pivots delivered to the Trust through a valid instalment sale agreement, as the requirements for transfer of ownership were met. The Trust, acting with mala fides and full knowledge of the Bank's ownership, disposed of the pivots to a third party. The Bank proved all elements of the actio ad exhibendum, including delictual damages calculated at the market value of the pivots at the time of alienation. The court rejected the Trust's arguments regarding set-off for storage costs and the use of estoppel as a cause…