South Africa Case Law

N.V.M v D.S.R (1327/2024)

N.V.M v D.S.R (1327/2024) [2025] ZANCHC 9 (7 February 2025)

Court

Northern Cape High Court, Kimberley

Case number

1327/2024

Judge

Williams

The court found that the parties were both above the age of 18 and consented to be married under customary law. The evidence established that lobola negotiations took place on 17 April 2010, with R5000,00 paid towards lobola, and a written agreement signed by representatives of both families. The plaintiff was integrated into the defendant's family through traditional rituals, including being given a teknonymous name and participating in family ceremonies. Although the formal handing over of the bride did not occur, the court held that evolving customary law and the principle of constructive…

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• Customary Marriage
• Recognition Of Customary Marriages Act
• Lobola Payment
• Integration Into Family
• Constructive Delivery

Halfon v Kempster Sedgwick (Pty) Ltd and Another (22584/2017)

Halfon v Kempster Sedgwick (Pty) Ltd and Another (22584/2017) [2023] ZAWCHC 297 (23 November 2023)

Court

Western Cape High Court, Cape Town

Case number

22584/2017

Judge

Nziweni

The court found that, although the plaintiff had not taken physical possession of the vehicle, the evidence established that a tripartite agreement existed between the seller, the plaintiff, and the first defendant for delivery of the vehicle. The first defendant held the vehicle on behalf of the plaintiff, as demonstrated by the unchallenged evidence of notification and conduct. Constructive delivery was effected, granting the plaintiff locus standi to claim damages. The absence of express pleading of delivery was not fatal, as the facts supported the inference of constructive delivery. The…

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• Absolution From The Instance
• Constructive Delivery
• Locus Standi
• Aquilian Action

Farber v Commissioner for the South African Revenue Service and Another

Farber v Commissioner for the South African Revenue Service and Another [2023] ZAGPPHC 88; 11142/2020 (16 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

11142/2020

Judge

Reinard Michau

The High Court dismissed an application for leave to appeal, finding no reasonable prospects that another court would differ on ownership, delivery, or costs.

• Leave To Appeal Test
• Transfer Of Ownership
• Constructive Delivery
• Firearms Control Act
• Costs Order
• Leave-to-appeal

Changing Tides 74 (Pty) Limited v Trade Properties Ventures No 131 CC and Another (2021/21686)

Changing Tides 74 (Pty) Limited v Trade Properties Ventures No 131 CC and Another (2021/21686) [2021] ZAGPJHC 553 (15 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/21686

Judge

E F Dippenaar

The High Court dismissed an application claiming an oral sale of cranes and ownership transfer, finding material disputes of fact and no proof of delivery.

• Oral Contract Of Sale
• Ownership Transfer
• Constructive Delivery
• Dispute Of Fact
• Vindicatory Relief
• Oral-contract-of-sale

Britz and Another v Botha (44526/17)

Britz and Another v Botha (44526/17) [2019] ZAGPPHC 998 (9 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

44526/17

Judge

Khumalo

The High Court upheld a rei vindicatio claim for a Can-Am motorcycle, finding the first applicant was the lawful owner and the respondent had no valid right to possess it.

• Rei Vindicatio
• Ownership Transfer
• Estoppel
• Constructive Delivery
• Rei-vindicatio
• Ownership-transfer

Prinsloo v Venter and Others (80848/2014)

Prinsloo v Venter and Others (80848/2014) [2015] ZAGPPHC 1057 (10 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

80848/2014

Judge

Strauss

The court found that the deceased, through his company, was the registered owner and title holder of the Chevrolet Spark motor vehicle and had the authority to sell it to the applicant. The applicant paid for the vehicle, received the necessary documents, and effected transfer of registration, thereby becoming the legal owner and title holder. The first respondent's right to possession terminated upon cancellation of her agreement with the deceased, and she failed to prove any continuing right to hold the vehicle against the applicant. Regarding the other movable goods, the court found insuff…

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• Rei Vindicatio
• Ownership Of Movable Property
• Constructive Delivery
• Road Traffic Act
• Onus Of Proof
• Termination Of Possession Rights

Mathenjwa NO and Others v Magudu Game Company (Pty) Ltd (258/08)

Mathenjwa NO and Others v Magudu Game Company (Pty) Ltd (258/08) [2009] ZASCA 57; 2010 (2) SA 26 (SCA) ; [2009] 4 All SA 15 (SCA) (28 May 2009)

Court

Supreme Court of Appeal

Case number

258/08

Judges

Streicher, Nugent, Lewis, Ponnan, Kroon

The Supreme Court of Appeal held that the respondent owned the game in the reserve and had not lost ownership when access to the trust land was blocked.

• Ownership Of Wild Animals
• Passing Of Ownership
• Abstract Theory Of Transfer
• Game Farming
• Constructive Delivery
• Ownership-of-wild-animals