South Africa Case Law

Executive Mobility Financial Solutions (Pty) Ltd v Gulf Oils and Fuels (Pty) Ltd and Others (2024/112065)

Executive Mobility Financial Solutions (Pty) Ltd v Gulf Oils and Fuels (Pty) Ltd and Others (2024/112065) [2024] ZAGPJHC 1184 (20 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/112065

Judge

Mudau

The court found that the applicant is the registered owner of the vehicle and entitled to its return under the rei vindicatio. The fourth respondent failed to plead or prove any valid sale agreement or entitlement to retain possession. The grounds for leave to appeal were unsubstantiated, and there was no reasonable prospect that another court would reach a different conclusion. The applicant demonstrated exceptional circumstances justifying the order remaining operational and effective pending appeal, including the risk of irreparable harm if the vehicle was not returned, given previous inst…

Source excerpt

• Rei Vindicatio
• Leave To Appeal
• Ownership Of Motor Vehicle
• Section 18 Application
• Urgent Application

Technique Powerfloat Floors (Pty) Ltd v V and Another (48590/2017)

Technique Powerfloat Floors (Pty) Ltd v V and Another (48590/2017) [2017] ZAGPPHC 760 (3 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

48590/2017

Judge

Phiyega

Summary judgment granted for delivery of a Toyota Hilux. The court held the applicant proved ownership and the respondents failed to prove any lien defence.

• Rei Vindicatio
• Ownership Of Motor Vehicle
• Debtor And Creditor Lien
• Salvage Lien
• Rei-vindicatio
• Motor-vehicle-ownership

Abdullah v Station Commander of the Pretoria West Police Station and Others (57991/2016)

Abdullah v Station Commander of the Pretoria West Police Station and Others (57991/2016) [2016] ZAGPPHC 701 (16 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

57991/2016

Judge

Rabie

The court dismissed an urgent application for return of a VW Polo, finding the applicant failed to prove ownership and that the police seizure was lawful.

• Rei Vindicatio
• Ownership Of Motor Vehicle
• Unlawful Seizure
• Burden Of Proof
• Rei-vindicatio
• Vehicle-ownership

Mazwai v J L Logistics (Pty) Ltd and Another (737/2012)

Mazwai v J L Logistics (Pty) Ltd and Another (737/2012) [2015] ZANWHC 77 (19 November 2015)

Court

North West High Court, Mafikeng

Case number

737/2012

Judge

DJAJE

The court found that the plaintiff failed to establish ownership of the Porsche Cayenne, as there was no documentary proof of payment or transfer of ownership from the firm or the financial institution. The only evidence indicated the firm as owner and BMW Finance as title holder. Without proof of ownership, the plaintiff lacked locus standi to claim damages. The test for absolution from the instance requires the plaintiff to make out a prima facie case on all elements of the claim, including ownership. As the plaintiff did not meet this requirement, absolution from the instance was granted w…

Source excerpt

• Absolution From Instance
• Locus Standi
• Ownership Of Motor Vehicle
• Negligence
• Quantum Of Damages

Standard Bank of South Africa Limited v Woodmead Auto CC (41815/13)

Standard Bank of South Africa Limited v Woodmead Auto CC (41815/13) [2014] ZAGPPHC 260 (24 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

41815/13

Judge

Tuchten

The High Court ordered return of a Maserati to Standard Bank, rejecting estoppel and an improvement lien raised by Woodmead Auto CC.

• Rei Vindicatio
• Estoppel By Negligence
• Ownership Of Motor Vehicle
• Improvement Lien
• Registration Under National Road Traffic Act
• Rei-vindicatio

Bester v Labella Imports CC (1444/2011)

Bester v Labella Imports CC (1444/2011) [2011] ZAFSHC 105 (24 June 2011)

Court

Free State High Court, Bloemfontein

Case number

1444/2011

Judge

E. M. Kubushi

The court referred a motor-vehicle delivery dispute to trial, finding material factual disputes, and dismissed a separate request to compel information.

• Specific Performance
• Mandamus
• Dispute Of Fact
• Ownership Of Motor Vehicle
• Access To Information
• Dispute-of-fact

Thompson v Johannes Gilfillan Motors (Edms) Bpk t/a Bridge Auto (A175/08)

Thompson v Johannes Gilfillan Motors (Edms) Bpk t/a Bridge Auto (A175/08) [2010] ZAGPPHC 256 (5 January 2010)

Court

North Gauteng High Court, Pretoria

Case number

A175/08

Judges

Webster, Louw

The High Court held that a motor vehicle attached in execution belonged to the judgment debtor, not the respondent, and upheld the attachment.

• Interpleader Proceedings
• Ownership Of Motor Vehicle
• Ret Vindicatio
• Credit Sale
• Attachment In Execution
• Interpleader-proceedings