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South Africa decisions
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Mayibuye Business Enterprise CC v Mogale and Others (7775/2021) [2023] ZALMPPHC 55 (25 July 2023)
The High Court dismissed an application for return of a truck under the rei vindicatio because the applicant failed to prove ownership and a concluded sale.
Oude Woning Boerdery (Pty) Ltd v Stander NO and Others (1703/2020) [2021] ZAECGHC 114 (7 December 2021)
The applicant failed to establish peaceful and undisturbed possession of the movable assets at the time of alleged dispossession. The evidence showed that the movables were left on the respondents' farm and retained by agreement as security for the applicant's debt. The applicant did not allege or prove possession at the relevant time, nor did it demonstrate unlawful deprivation without consent. The respondents' version, accepted on the Plascon-Evans test, indicated that retention of the property was consensual and not spoliatory. Consequently, the requirements for a spoliation order were not…
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Edcar Rubber Liners CC and Others v Rema Tip Top Holdings SA (Pty) Ltd and Others (24615/2015) [2016] ZAGPJHC 169 (24 June 2016)
The High Court dismissed an application for an interim interdict over an autoclave and boiler, finding the applicants had not shown a prima facie right to ownership.
Goodrick v Goodrick (21128/2009) [2013] ZAWCHC 126 (8 May 2013)
The court rectified a divorce consent paper to reflect the parties’ intended 50/50 division of the joint estate, but refused to exclude motor vehicles from movable property.
Tim (Natal) Pallets & Timber Products CC v Rhino Cash & Carry and Another (5179/09) [2009] ZAKZPHC 72 (3 December 2009)
The court dismissed a claim for return of pallets, finding the applicant was estopped by its conduct from asserting ownership after delivery without notice of reservation.
Pellow and Another v Club Refrigeration CC (469/03) [2004] ZASCA 91; [2006] 3 All SA 420 (SCA); 2006 (1) SA 230 (SCA) (29 September 2004)
The Supreme Court of Appeal held that Club Refrigeration retained ownership of unpaid movable goods supplied under a JBCC building contract and could claim the sale proceeds after the employer’s liquidation.
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