South Africa Case Law

Absa Bank Limited v Van Zyl, In re: Absa Bank Limited v Tyhalibongo (12313/14, 12314/14)

Absa Bank Limited v Van Zyl, In re: Absa Bank Limited v Tyhalibongo (12313/14, 12314/14) [2015] ZAWCHC 38 (10 April 2015)

Court

Western Cape High Court, Cape Town

Case number

12313/14, 12314/14

Judge

Blignault

The court dismissed Absa Bank’s vindicatory claims, holding that reregistration confirmation letters constituted symbolic delivery and ownership passed to the purchasers.

• Rei Vindicatio
• Transfer Of Ownership
• Floorplan Agreement
• Symbolic Delivery
• Registration Of Motor Vehicles
• Rei-vindicatio

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