South Africa Case Law

Merchant West (Pty) Ltd v Hellmann and Others (21/27401)

Merchant West (Pty) Ltd v Hellmann and Others (21/27401) [2023] ZAGPJHC 213 (10 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/27401

Judge

N Manoim

The court found that Merchant West could not acquire ownership of the aircraft by constitutum possessorium on the effective date because CDC did not possess or own the aircraft at that time. The agreements specified the dates for transfer, but CDC only acquired ownership on 6 November 2019, after the effective date. Furthermore, the transaction between CDC and MW was found to be simulated, as MW was aware CDC had already paid for the aircraft and the financing was not genuinely for purchase but rather a loan secured by pledge. The court distinguished Boland Bank v Joseph on the facts and foll…

Source excerpt

• Ownership Transfer
• Constitutum Possessorium
• Simulated Transaction
• Pledge And Security
• Leave To Appeal
• Costs Order

Hellmann vs South African Civil Aviation Authority and Others (21/27401)

Hellmann vs South African Civil Aviation Authority and Others (21/27401) [2023] ZAGPJHC 29 (18 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/27401

Judge

N Manoim

The High Court held that Denise Hellmann, not Merchant West, owned the aircraft because Merchant West failed to prove transfer by constitutum possessorium.

• Ownership Of Movables
• Constitutum Possessorium
• Simulated Transaction
• Abstract Theory Of Transfer
• Delivery Of Goods
• Constitutum-possessorium

Farmsecure Livestock (Edms) Bpk v Absa Bank Bpk en Anders; Absa Bank Beperk v Van Niekerk N.O (772/2012)

Farmsecure Livestock (Edms) Bpk v Absa Bank Bpk en Anders; Absa Bank Beperk v Van Niekerk N.O (772/2012) [2012] ZAFSHC 166 (6 September 2012)

Court

Free State High Court, Bloemfontein

Case number

772/2012

Judge

J Y Claasen

Leave to appeal was refused in two related matters about cattle ownership and whether a financing arrangement created ownership or only security.

• Ownership Of Movable Property
• Security Rights
• Constitutum Possessorium
• Leave To Appeal
• Simulated Transactions
• Leave-to-appeal

Farmsecure Livestock (Edms) Bpk v Absa Bank Bpk en Anders (772/2012)

Farmsecure Livestock (Edms) Bpk v Absa Bank Bpk en Anders (772/2012) [2012] ZAFSHC 44 (22 March 2012)

Court

Free State High Court, Bloemfontein

Case number

772/2012

Judge

J.Y. Claasen

The court dismissed Farmsecure’s application, holding it had not proven ownership of cattle marked with its brand. Branding alone was not enough, and possession favoured the trust.

• Ownership Of Movable Property
• Constitutum Possessorium
• Simulated Transactions
• Burden Of Proof
• Brandmark Regulation
• Ownership-of-movable-property

Commissioner for South African Revenue Service v Marx NO (A720/05)

Commissioner for South African Revenue Service v Marx NO (A720/05) [2006] ZAWCHC 9; 2006 (4) SA 195 (C); 68 SATC 219 (9 March 2006)

Court

Western Cape High Court, Cape Town

Case number

A720/05

Judges

Van Zyl, Davis, Yekiso

The High Court held that deferred donations to children were executory donations exempt from donations tax because no benefit accrued until the donor’s death.

• Donations Tax
• Executory Donation
• Income Tax Act
• Onus Of Proof
• Bare Dominium
• Constitutum Possessorium

Cooper and Others v Dabbs and Another (92/2003)

Cooper and Others v Dabbs and Another (92/2003) [2004] ZANWHC 29 (1 November 2004)

Court

North West High Court, Mafikeng

Case number

92/2003

Judges

M.T.R. Mogoeng, B.E. Nkabinde, R.D. Mokgoatlheng

The court held that ownership of an aircraft passed by constitutum possessorium before attachment, so the appeal to release it was dismissed with costs.

• Passing Of Ownership
• Constitutum Possessorium
• Delivery Of Movable Property
• Attachment And Execution
• Constitutum-possessorium
• Passing-of-ownership

Cooper and Others v Dabbs (92/2003)

Cooper and Others v Dabbs (92/2003) [2004] ZANWHC 24 (1 October 2004)

Court

North West High Court, Mafikeng

Case number

92/2003

Judges

Mogoeng, Nkabinde, Mokgoatlheng

Full bench appeal on whether an aircraft was transferred by constitutum possessorium. The court held the affidavits and surrounding facts proved ownership and dismissed the appeal.

• Ownership Transfer
• Constitutum Possessorium
• Motion Proceedings
• Contract Of Sale
• Constitutum-possessorium
• Ownership-transfer

Bank Windhoek Bpk v Rajie en 'n Ander (664/91)

Bank Windhoek Bpk v Rajie en 'n Ander (664/91) [1993] ZASCA 148; 1995 (1) SA 115 (AD); [1994] 1 All SA 437 (A) (29 September 1993)

Court

Supreme Court of Appeal

Case number

664/91

Judges

Joubert, Smalberger, Nienaber, Howie, Harms

The court held that Bank Windhoek failed to prove ownership of the BMW, finding the transaction was not a genuine transfer but a loan secured by the vehicle.

• Rei Vindicatio
• Ownership Transfer
• Constitutum Possessorium
• Security Interest
• Estoppel
• Sale And Credit Agreements

Standard Bank Nasionale Industriele Kredietkorporasie Bpk. v Pretorius (137/84)

Standard Bank Nasionale Industriele Kredietkorporasie Bpk. v Pretorius (137/84) [1984] ZASCA 151 (29 November 1984)

Court

Supreme Court of Appeal

Case number

137/84

Judges

Rabie, Joubert, Hefer, Wessels, Galgut

The court found that Stannic failed to prove it acquired ownership of the Mercedes Benz LS 1924/36 either through constitutum possessorium or attornment. The evidence did not establish that Vaaldor intended to hold the vehicle for New Vaal Motors as owner, nor was there a tripartite agreement for attornment. The hire purchase agreement and related documents indicated that Stannic considered itself owner, but did not demonstrate a valid transfer of ownership from Vaaldor or New Vaal Motors to Stannic. Given the parties' agreement and the factual matrix, the court held that Pretorius, who purch…

Source excerpt

• Ownership Transfer
• Constitutum Possessorium
• Attornment
• Hire Purchase
• Delivery Of Goods