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South Africa decisions
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Badenhorst N.O and Others v Adowa Infrastructure Managers (RF) (Pty) Ltd and Others (16888/2024) [2025] ZAWCHC 273 (30 June 2025)
The High Court held that the Tamric Trust acquired a 20m² encroachment area by acquisitive prescription after open, exclusive possession for over 30 years.
Promispace CC v DRD Gold Limited and Others (062949/2023) [2025] ZAGPPHC 575 (3 June 2025)
The High Court refused leave to appeal against dismissal of an ownership claim to a mine dump, finding no reasonable prospects of success or other compelling reason.
SPE Mid-Market Fund I Partnership v S Bacher and Company Proprietary Limited (LM158Dec23) [2024] ZACT 40 (7 March 2024)
The Competition Tribunal unconditionally approved SPE Mid-Market Fund I Partnership’s acquisition of sole control over S Bacher and Company Proprietary Limited.
NMI Durban South Motors (Pty) Ltd t/a Garden City Motors Mbombela v Mgwenya and Another (525/2023) [2023] ZAMPMBHC 65 (15 December 2023)
The court found that the alleged oral agreement permitting the respondents to retain the loan vehicle until SAPS completed its investigation was unsupported by contemporaneous evidence and not raised in correspondence prior to the answering affidavit. The respondents failed to establish any enforceable right to retain possession of the applicant's vehicle. The applicant proved ownership and entitlement to possession. The court held that no genuine dispute of fact existed and that the applicant was entitled to restoration of possession under rei vindicatio. Any claim by the respondents for los…
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Nedbank Limited v Bukweni N.O (1970/2022) [2023] ZAECMKHC 116 (24 October 2023)
The applicant established ownership of the motor vehicle and the respondent was in possession at the commencement of proceedings. The instalment sale agreement was validly concluded electronically, and the applicant remained owner until all amounts due were paid. Upon the death of the purchaser, the agreement terminated and the applicant was entitled to enforce its rights and recover the vehicle. The respondent failed to establish any enforceable right to retain possession, and payments made by her did not confer ownership or a right of retention. The discrepancy in registration numbers was i…
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Perumal v Songca and Others (D3715/2021) [2023] ZAKZDHC 42 (17 July 2023)
The High Court granted an eviction order under PIE, finding the applicant was the registered owner and the second respondent had no enforceable right to remain.
Reunert ICT Holdings (Pty) Ltd v IQ Business (Pty) Ltd (LM001Apr23) [2023] ZACT 64; [2023] 3 CPLR 43 (CT) (9 June 2023)
The Competition Tribunal unconditionally approved Reunert ICT’s acquisition of a controlling stake in IQ Business, finding no competition or public interest concerns.
Central City Investments (Pty) Ltd v Laljit Ajodha T/A Ajodha's Bottle Store (11316/2022) [2023] ZAGPJHC 230 (24 February 2023)
The High Court granted eviction of a bottle store operator from premises sold from a deceased estate and refused a stay pending an old, delayed challenge to the sale.
Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Makhanya (5514/2021) [2022] ZAFSHC 11 (28 January 2022)
The court granted vindication of a vehicle, finding the applicant proved ownership and that the respondent exercised control amounting to possession.
Legemaat N.O and Others v Arplorox (Pty) Ltd and Others (60278/2019) [2021] ZAGPPHC 569 (30 August 2021)
The High Court held that the applicants were the registered owners of the land, and that the respondent had no proven servitude, lease, or other right to use the track.
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