South Africa Case Law

Roshcon (Pty) Limited v Anchor Auto Body Builders CC and Others (49/13)

Roshcon (Pty) Limited v Anchor Auto Body Builders CC and Others (49/13) [2014] ZASCA 40; [2014] 2 All SA 654 (SCA); 2014 (4) SA 319 (SCA) (31 March 2014)

Court

Supreme Court of Appeal

Case number

49/13

Judges

Maya, Shongwe, Wallis, Petse, Saldulker

The court held that the supplier and floor plan agreements reserving ownership to Wesbank were genuine commercial arrangements serving a legitimate purpose of securing finance. There was no evidence of a secret understanding or simulation; the parties intended the agreements to operate according to their terms. Toit’s never acquired ownership of the trucks, as it failed to pay Wesbank, and thus could not transfer ownership to Roshcon. The reservation of ownership in favour of Wesbank was valid and enforceable. Roshcon failed to discharge the onus of proving simulation or estoppel, as Wesbank…

Source excerpt

• Simulated Transactions
• Reservation Of Ownership
• Estoppel
• Floor Plan Agreements
• Security For Finance
• Ownership Of Movables

Nissan Finance t/a Firstrand Bank Ltd v van Aarde (76065/09)

Nissan Finance t/a Firstrand Bank Ltd v van Aarde (76065/09) [2013] ZAGPPHC 300 (17 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

76065/09

Judge

Hassim A

The High Court dismissed an application to attach a motor vehicle pending trial, finding the applicant had not shown a prima facie right of ownership.

• Interim Interdict
• Prima Facie Right
• Authority To Institute Proceedings
• Ownership Of Goods
• Floor Plan Agreements
• Interim-interdict

Absa Bank Ltd t/a Bankfin v Jordashe Auto CC (402/2001)

Absa Bank Ltd t/a Bankfin v Jordashe Auto CC (402/2001) [2002] ZASCA 130; [2003] 1 All SA 401 (SCA); 2003 (1) SA 401 (SCA) (27 September 2002)

Court

Supreme Court of Appeal

Case number

402/2001

Judges

Schutz, Farlam, Nugent, Jones, Heher

The court held Absa had not proven ownership of the vehicles on the papers and rejected estoppel on the evidence available, referring key factual disputes to oral evidence.

• Ownership Of Moveable Property
• Estoppel
• Simulation Of Contract
• Delivery Of Goods
• Floor Plan Agreements
• Ownership-of-movable-property