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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 480

Ziggy Investments CC v Driverite 123 (Pty) Ltd and Others (2025/066426)

Ziggy Investments CC v Driverite 123 (Pty) Ltd and Others (2025/066426) [2025] ZAGPJHC 480 (19 May 2025)

The High Court struck an urgent application to preserve a BMW X3, finding Ziggy Investments had not shown sufficient urgency or irreparable harm.

  • Urgent Interdict
  • Ownership Of Moveable Property
  • Mandate And Agency
  • Sale Of Goods
  • Interim Relief
  • Transfer Of Title
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Civil Procedure [2024] ZAWCHC 342

Marais v Melck and Another (10304/23)

Marais v Melck and Another (10304/23) [2024] ZAWCHC 342; [2025] 1 All SA 422 (WCC) (1 November 2024)

The court dismissed an application for return of farming equipment, holding that the applicant failed to prove ownership and could not raise spoliation in reply.

  • Rei Vindicatio
  • Ownership Of Moveable Property
  • Motion Proceedings
  • Spoliation
  • Proof Of Ownership
  • Rei-vindicatio
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Civil Procedure [2023] ZAGPJHC 151

Car Boys CC v Steering Autoworld CC (2023/014934)

Car Boys CC v Steering Autoworld CC (2023/014934) [2023] ZAGPJHC 151 (24 February 2023)

Urgent vindication of seven motor vehicles was dismissed because the applicant’s papers were too vague and unsupported to prove ownership.

  • Vindication
  • Ownership Of Moveable Property
  • Urgent Interdict
  • Hearsay Evidence
  • Burden Of Proof
  • Ownership-of-movable-property
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Civil Procedure [2021] ZAGPPHC 228

SV Trading CC Virtual Production v Suliman and Another (19614/2021)

SV Trading CC Virtual Production v Suliman and Another (19614/2021) [2021] ZAGPPHC 228 (10 May 2021)

The High Court held that a credit sale of business assets passed ownership on delivery, with no proved reservation of ownership, and ordered return of the attached assets.

  • Rei Vindicatio
  • Ownership Of Moveable Property
  • Credit Sale
  • Reservation Of Ownership
  • Insolvency Act Section 69
  • Passing Of Ownership
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Land And Property [2020] ZAGPJHC 129

Auto Showroom CC t/a Zido Cars v Patel and Others (19/27630)

Auto Showroom CC t/a Zido Cars v Patel and Others (19/27630) [2020] ZAGPJHC 129 (23 March 2020)

The High Court held that the seller had held out his agent as authorised to sell the Landrover, so the buyer was protected and declared owner.

  • Agency
  • Ostensible Authority
  • Bona Fide Purchaser
  • Ownership Of Moveable Property
  • Estoppel
  • Ostensible-authority
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Land And Property [2019] ZAGPPHC 3

Marks & Lamb Classic Cars CC v Kona (80288-17)

Marks & Lamb Classic Cars CC v Kona (80288-17) [2019] ZAGPPHC 3 (16 January 2019)

The court dismissed a rei vindicatio claim for a motor vehicle after finding the applicant had not proved ownership, despite holding the registration papers.

  • Rei Vindicatio
  • Ownership Of Moveable Property
  • Estoppel
  • Agency
  • Burden Of Proof
  • Rei-vindicatio
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Civil Procedure [2018] ZAGPJHC 134

Mmore v Makhetha (A3080/17)

Mmore v Makhetha (A3080/17) [2018] ZAGPJHC 134 (26 April 2018)

High Court appeal over ownership of a Renault Megane was dismissed. The court found the appellant failed to prove ownership under rei vindicatio.

  • Rei Vindicatio
  • Ownership Of Moveable Property
  • Burden Of Proof
  • Credibility Of Witnesses
  • Rei-vindicatio
  • Ownership-of-moveable-property
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Civil Procedure [2017] ZAFSHC 16

Champion Sealers CC v Van Heerden (943/2016)

Champion Sealers CC v Van Heerden (943/2016) [2017] ZAFSHC 16 (6 February 2017)

The High Court ordered re-registration of two vehicles into Champion Sealers CC’s name, despite a fronting concern, and referred the papers to the DPP.

  • Ownership Of Moveable Property
  • Fronting
  • Registration Of Vehicles
  • Broad Based Black Economic Empowerment Act
  • Contract Cancellation
  • Vehicle-registration
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Commercial And Corporate [2016] ZAWCHC 190

Absa Bank Ltd v Nedbank Ltd t/a The Motor Finance Corporation and Others (13187/2016)

Absa Bank Ltd v Nedbank Ltd t/a The Motor Finance Corporation and Others (13187/2016) [2016] ZAWCHC 190 (15 December 2016)

The High Court held that Absa proved ownership of four vehicles under a floorplan arrangement and rejected MFC’s estoppel defence.

  • Reivindicatio
  • Ownership Of Moveable Property
  • Estoppel
  • Floorplan Agreements
  • Proof Of Payment
  • Vehicle-ownership
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Civil Procedure [2015] ZAGPJHC 20

McBride v Jooste and Another (2014/03228)

McBride v Jooste and Another (2014/03228) [2015] ZAGPJHC 20 (6 February 2015)

The court ordered return of a Porsche Cayenne, finding no valid donation because ownership remained with Nedbank and the respondent failed to prove a gift.

  • Ownership Of Moveable Property
  • Credit Instalment Agreement
  • Donation Contract
  • Possession
  • Onus Of Proof
  • Donation-contract
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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.