South Africa Case Law

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (1150/2024)

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (1150/2024) [2025] ZALMPPHC 23 (3 February 2025)

Court

Limpopo High Court, Polokwane

Case number

1150/2024

Judge

M Bresler

The High Court granted rei vindicatio relief, rectified an instalment sale schedule, and ordered return of Caterpillar units after cancellation of the agreement.

• Rei Vindicatio
• Rectification Of Contract
• Instalment Sale Agreement
• Ownership And Possession
• Contract Cancellation
• Costs On Attorney And Client Scale

Bowas v Mohammed (A53/2024)

Bowas v Mohammed (A53/2024) [2024] ZAWCHC 316 (15 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A53/2024

Judges

Lekhuleni, Mthimunye S

The High Court dismissed an appeal over a disputed second sale agreement, holding the appellant failed to prove ownership and entitlement to payment for movable assets.

• Sale Of Goods
• Ownership And Possession
• Burden Of Proof
• Parol Evidence Rule
• Sale-of-goods
• Ownership-and-possession

Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (2696/2023)

Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (2696/2023) [2024] ZAECMKHC 81 (25 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2696/2023

Judge

KL Watt

The High Court ordered return of excavators and backhoe loaders under the rei vindicatio after finding the instalment sale agreement was validly cancelled.

• Rei Vindicatio
• Instalment Sale Agreement
• Contract Cancellation
• Ownership And Possession
• National Credit Act Exclusion
• Consumer Protection Act Exclusion

Caterpillar Financial Services South Africa (Pty) Ltd v Azania Money Growth (Pty) Ltd (57254/2021)

Caterpillar Financial Services South Africa (Pty) Ltd v Azania Money Growth (Pty) Ltd (57254/2021) [2023] ZAGPJHC 1115 (8 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

57254/2021

Judge

ML Senyatsi

The High Court granted rei vindicatio relief for Caterpillar units, rejected a claimed new agreement, and refused condonation for the respondent’s late affidavit.

• Rei Vindicatio
• Instalment Sale Agreement
• Ownership And Possession
• Condonation Of Late Filing
• Contractual Termination
• Restitution And Refund

Caterpillar Fiancial Services South Africa (Pty) Ltd v Zero Azania (Pty) Ltd (57252/2021)

Caterpillar Fiancial Services South Africa (Pty) Ltd v Zero Azania (Pty) Ltd (57252/2021) [2023] ZAGPJHC 1119 (8 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

57252/2021

Judge

ML Senyatsi

The applicant proved ownership of the Caterpillar units and the respondent's possession thereof, satisfying the jurisdictional requirements for vindicatory relief. The respondent's defence of a new agreement was factually and legally unfounded, as the referenced email pertained to a different entity. The applicant was not required to tender restitution or refund prior to sale of the units, as per the agreement, and any excess would be determined after sale. The deponent to the founding affidavit had sufficient personal knowledge of the account and documents. Proof of indebtedness is not a req…

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• Rei Vindicatio
• Instalment Sale Agreement
• Ownership And Possession
• Contract Cancellation
• Condonation Of Late Filing

Onegrain (Pty) Ltd v Theron and Others (4679/2021)

Onegrain (Pty) Ltd v Theron and Others (4679/2021) [2022] ZAFSHC 54 (11 March 2022)

Court

Free State High Court, Bloemfontein

Case number

4679/2021

Judge

Mathebula

The court granted delivery of movable property to the applicant under an instalment sale agreement, finding no genuine partnership or dispute of fact.

• Delivery Of Movable Property
• Instalment Sale Agreement
• Partnership Dispute
• Ownership And Possession
• Interim Relief
• Dispute Of Fact

Firstrand Bank Limited t/a CNH Capital Industrial v Jawiklane (Pty) Ltd (2018/46468)

Firstrand Bank Limited t/a CNH Capital Industrial v Jawiklane (Pty) Ltd (2018/46468) [2022] ZAGPJHC 120 (7 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2018/46468

Judge

EF Dippenaar

The applicant established a prima facie right to the ripper as owner under the instalment sale agreement, which was cancelled due to the respondent's breach. The respondent failed to provide evidence of ongoing payments or continuous insurance coverage, and the risk of depreciation and damage to the ripper remains with the applicant. The respondent's reliance on an oral agreement and claims of proper maintenance and insurance were not substantiated. The presumption of irreparable harm was not rebutted, and the balance of convenience favours the applicant, as the prejudice to it outweighs that…

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• Interim Interdict
• Instalment Sale Agreement
• Ownership And Possession
• Balance Of Convenience
• Irreparable Harm

Mpela and Another v Mkhize (13750/2020)

Mpela and Another v Mkhize (13750/2020) [2020] ZAGPJHC 367 (9 July 2020)

Court

South Gauteng High Court, Johannesburg

Case number

13750/2020

Judge

Adams

The court found the applicants' version of events credible and corroborated by independent witnesses, while the respondent's version was far-fetched and untenable. The respondent's conduct constituted unlawful interference with the applicants' ownership and possession of the property. The principles from Plascon-Evans and Room Hire Co were applied, allowing the court to reject the respondent's version on the papers. The points in limine raised by the respondent, including misjoinder, were found to lack merit. The applicants established a clear right to urgent interdictory relief, and the resp…

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• Interdictory Relief
• Urgent Application
• Sectional Title Dispute
• Spoliation
• Ownership And Possession

Louw v Wesbank a division of Firstrand Bank Ltd (905/2018)

Louw v Wesbank a division of Firstrand Bank Ltd (905/2018) [2018] ZANCHC 84 (19 November 2018)

Court

Northern Cape High Court, Kimberley

Case number

905/2018

Judge

BM Pakati

The court found that Ms Louw made material misrepresentations regarding her employment and salary to induce Wesbank to approve vehicle finance. The company was not registered at the time of application, and supporting documents were false. The bank validly cancelled the credit agreements upon discovering the misrepresentation and refused to accept further instalments. Ms Louw failed to establish a clear right to possess the vehicles or demonstrate irreparable harm if the relief was not granted. The balance of convenience favoured the bank, as continued use of the vehicles by Ms Louw would res…

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• Credit Agreements
• Interim Interdict
• Fraudulent Misrepresentation
• Ownership And Possession
• Cancellation Of Contract

Nedbank Limited v Kloppers (A39/2017)

Nedbank Limited v Kloppers (A39/2017) [2017] ZAGPPHC 360 (29 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

A39/2017

Judges

R G Tolmay, T J Raulinga, E M Kubushi

The High Court set aside a lis pendens ruling and granted interim relief to secure four financed vehicles pending related actions.

• Lis Pendens
• Interim Interdict
• Instalment Sale Agreement
• Ownership And Possession
• Balance Of Convenience
• Lis-pendens