South Africa Case Law

Absa Bank Limited v Mykatrade 361 CC t/a CMC Boksburg (46917/2010)

Absa Bank Limited v Mykatrade 361 CC t/a CMC Boksburg (46917/2010) [2011] ZAGPJHC 251 (9 December 2011)

Court

South Gauteng High Court, Johannesburg

Case number

46917/2010

Judge

EF Dippenaar

The court found that the applicant had proved ownership of the vehicles by virtue of the floorplan and agency agreements with CMC East London and payment to CCE Holdings. Delivery to CMC East London was on behalf of the applicant, and the applicant obtained physical possession pursuant to a court order. The respondent failed to establish that CCE Holdings or CMC East London intended to transfer ownership to it, nor did it prove derivative acquisition of ownership. Possession of eNatis documents and registration as dealer stock did not confer ownership, especially given the respondent's knowle…

Source excerpt

• Ownership Of Moveable Property
• Floorplan Agreement
• Derivative Acquisition
• Delivery Of Documents
• Change Of Ownership
• Estoppel

Gildenhuys (Sheriff of Kuilsriver) v Siebrits and Another (C245/2005)

Gildenhuys (Sheriff of Kuilsriver) v Siebrits and Another (C245/2005) [2007] ZALC 15; (2007) 28 ILJ 1261 (LC) (7 March 2007)

Court

Labour Court

Case number

C245/2005

Judge

Deon Nel

The Labour Court dismissed an interpleader over attached assets, holding the sale to Karma was valid and that no basis was shown to pierce the corporate veil.

• Interpleader Proceedings
• Piercing Corporate Veil
• Transfer Of Ownership
• Derivative Acquisition
• Companies Act 1973
• Interpleader-proceedings