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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 629

Konate Logistics (Pty) Ltd v Minister of Police (16236/2021)

Konate Logistics (Pty) Ltd v Minister of Police (16236/2021) [2025] ZAGPPHC 629 (23 June 2025)

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.

  • Rei Vindicatio
  • Actio Ad Exhibendum
  • Locus Standi
  • Cession Of Rights
  • Ownership Of Movables
  • Abuse Of Process
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Civil Procedure [2023] ZAECMKHC 33

Buchner N.O and Others v Buchner N.O and Others (906/2022)

Buchner N.O and Others v Buchner N.O and Others (906/2022) [2023] ZAECMKHC 33 (16 March 2023)

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.

  • Exception To Pleadings
  • Lease Cancellation
  • Domicilium Service
  • Rei Vindicatio
  • Actio Ad Exhibendum
  • Exception-to-pleadings
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Land And Property [2019] ZAGPPHC 426

Visser and Another v Moore (27676/2014)

Visser and Another v Moore (27676/2014) [2019] ZAGPPHC 426 (30 August 2019)

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.

  • Unlawful Eviction
  • Repudiation Of Contract
  • Quantification Of Damages
  • Mitigation Of Loss
  • Actio Ad Exhibendum
  • Remoteness Of Damage
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Delict [2019] ZAGPPHC 441

Iceland Indistrial Projects (Pty) Ltd v Matthews (53514/2011)

Iceland Indistrial Projects (Pty) Ltd v Matthews (53514/2011) [2019] ZAGPPHC 441 (15 August 2019)

The court held the defendant liable for the death of 769 parrots, finding that a prior court order placed the risk of loss on him.

  • Strict Liability
  • Quantum Of Damages
  • Actio Ad Exhibendum
  • Court Order Risk Allocation
  • Strict-liability
  • Damages
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Land And Property [2017] ZAGPPHC 529

Ecsponent Investment Holdings (Pty) Ltd v Skratch Resources (Pty) Ltd and Another (95108/2015)

Ecsponent Investment Holdings (Pty) Ltd v Skratch Resources (Pty) Ltd and Another (95108/2015) [2017] ZAGPPHC 529 (11 August 2017)

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.

  • Ownership Dispute
  • Vindicatory Relief
  • Industrial Accession
  • Non Joinder
  • Actio Ad Exhibendum
  • Ownership-dispute
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Criminal Law [2014] ZASCA 95

Minister of Police and Another v SA Metal and Machinery (462/13)

Minister of Police and Another v SA Metal and Machinery (462/13) [2014] ZASCA 95; 2015 (1) SACR 107 (SCA) (1 July 2014)

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…

  • Search And Seizure
  • Actio Ad Exhibendum
  • Onus Of Proof
  • Wrongful Disposition
  • Damages Quantification
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Civil Procedure [2014] ZAGPJHC 114

Elatfield (Pty) Ltd v Celtic Freight Logistics (Pty) Ltd (10198/2013)

Elatfield (Pty) Ltd v Celtic Freight Logistics (Pty) Ltd (10198/2013) [2014] ZAGPJHC 114 (6 May 2014)

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.

  • Rei Vindicatio
  • Lien
  • Ownership Of Movables
  • Intervention Application
  • Actio Ad Exhibendum
  • Estoppel
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Civil Procedure [2014] ZASCA 53

Christelis N.O. and Others v Meyer N.O. and Others (916/12)

Christelis N.O. and Others v Meyer N.O. and Others (916/12) [2014] ZASCA 53 (16 April 2014)

Appeal over alleged hidden jointly owned assets failed because the key witness was unreliable and the claimed assets were not proved with sufficient certainty.

  • Actio Furtiva
  • Actio Ad Exhibendum
  • Co Ownership
  • Universal Partnership
  • Burden Of Proof
  • Damages For Conversion
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Civil Procedure [2014] ZAFSHC 44

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)

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)

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.

  • Interim Interdict
  • Locus Standi
  • Ownership Of Movable Property
  • Liquidation And Distribution Account
  • Preferent Creditor
  • Actio Ad Exhibendum
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Commercial And Corporate [2013] ZASCA 106

Rossouw NO and Another v Land and Agricultural Development Bank of South Africa (794/12)

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)

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…

  • Instalment Sale Agreement
  • Actio Ad Exhibendum
  • Ownership Transfer
  • Delictual Damages
  • Estoppel
  • Fraudulent Misrepresentation
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.