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South Africa decisions
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Hellmann vs South African Civil Aviation Authority and Others (21/27401) [2023] ZAGPJHC 29 (18 January 2023)
The High Court held that Denise Hellmann, not Merchant West, owned the aircraft because Merchant West failed to prove transfer by constitutum possessorium.
Carospan (Ltd) t-a Nashua Bloemfontein v Manyoni and Gija Investment CC and Another (4213/2021) [2022] ZAFSHC 162 (24 June 2022)
The court found that the respondents failed to raise a bona fide defence in their plea and opposing affidavit. The National Credit Act does not apply to the rental agreements, as they are not credit agreements but rental contracts with ownership retained by the applicant. Delivery of goods was confirmed by the second respondent's signature on acceptance certificates, and the respondents did not dispute the veracity of the signature or specify which goods were allegedly not delivered. The respondents' attempt to amplify their defence in heads of argument was irregular and not considered. The a…
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Modise v Eye-Con Manufacturing (NW013/2017) [2017] ZACONAF 3 (7 November 2017)
By consent, the court amended the claim to R82,000 and ordered delivery of a Cold Room and two VIP Toilets, with no costs and a later compliance date.
Recommendation: Timeous Delivery of Goods (20160/0009184) [2016] ZACGSO 15 (6 October 2016)
The CGSO held that the goods were agreed to be delivered by March 2016, so the consumer could cancel without penalty and receive a full refund.
Man Financial Services (SA) (Pty) Ltd v FST Logistics (Pty) Ltd and Others (15/12692) [2015] ZAGPJHC 226 (5 October 2015)
High Court ordered the return of 15 trucks and 9 trailers after rejecting the respondent’s version of a varied use agreement and finding it untenable.
Trade Up - Front 188 (Pty) Ltd t/a Itec Free State v Bersalom (Pty) t/a Nashua and Another (2715/2015) [2015] ZAFSHC 251 (14 August 2015)
In an unopposed application, the Free State High Court granted an order for delivery of goods listed in the sheriff’s inventory to the applicant’s attorney.
Distell Limited v Melody Hills Trading Proprietary Limited (10404/2013, 10403/2013) [2015] ZAKZDHC 36 (24 April 2015)
The High Court confirmed provisional liquidation orders against the respondent and its guarantor, finding the applicant proved a debt and commercial insolvency.
Compensation for Damaged Goods (201505-0153) [2015] ZACGSO 2 (3 March 2015)
Complaint over damage to a couriered CD player was dismissed because the evidence did not show the supplier caused the loss on a balance of probabilities.
Anro Plant Hire (Pty) Ltd v Le Roux and Another (31630/2008) [2013] ZAGPPHC 425 (10 December 2013)
The court found, on a balance of probabilities, that the plaintiff was the true owner of the Furukawa FL230-1 front-end loader, having acquired it from Baka Plant CC, which in turn purchased it from Mariner Investments. The machine was delivered to the plaintiff and let out to Ready Mix. The evidence established that the machine was unlawfully removed from the plaintiff's possession by Okkie Laubscher of Kimba Plant, assisted by Henry Chapman, and subsequently sold to the first defendant through Absa Bank. The machine retained its original engine number and, after a rear frame replacement, ad…
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Replace goods; appointment of damages (2013911265) [2013] ZACGSO 7 (30 October 2013)
A consumer complaint about stolen delivered goods led to a finding that both the supplier and the complainant’s agent were negligent, with damages apportioned.
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