Laforet N.O. and Another v Department of Economic Development Environment and Tourism: Limpopo and Another (A798/2012)
Laforet N.O. and Another v Department of Economic Development Environment and Tourism: Limpopo and Another (A798/2012) [2014] ZAGPPHC 638 (25 August 2014)
The court found that the appellants failed to establish ownership of the cheetah at the time of its removal, as they had released it into the wild and thus relinquished control and intention to own. The evidence indicated an absence of control and intention to own after release. The Supreme Court of Appeal precedent cited by the appellants was distinguished, as in that case the animals were confined and controlled, whereas here the cheetah was free-roaming. Consequently, the appellants were not entitled to the return of the cheetah, and the counter-application was correctly dismissed. The ex…
Source excerpt
- Ownership Of Wild Animals
- Occupatio And Animus Possidendi
- Permit Requirements
- Spoliation
- Contempt Of Court