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South Africa Case Law

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Land And Property [2021] ZASCA 147

Smit v Kleinhans (917/2020)

Smit v Kleinhans (917/2020) [2021] ZASCA 147 (18 October 2021)

Court
Supreme Court of Appeal
Case number
917/2020
Judges
Petse, Molemela, Mbatha, Kgoele, Potterill

The Supreme Court of Appeal held that a non-owner could not use the rei vindicatio, but could reclaim possession on a stronger contractual right; the appeal succeeded.

  • Rei Vindicatio
  • Possessory Remedy
  • Ownership Dispute
  • Oral Agreement Breach
  • Rei-vindicatio
  • Possessory-remedy
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.