South Africa Case Law

Reinhardt Transport Group (Pty) Ltd v Langa Geotechnical Services (Pty) Ltd (A08/2024)

Reinhardt Transport Group (Pty) Ltd v Langa Geotechnical Services (Pty) Ltd (A08/2024) [2025] ZAMPMBHC 16 (20 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

A08/2024

Judges

Shai, Roelofse, Ratshibvumo

The trial court erred in finding that the appellant failed to prove locus standi. The evidence established that the appellant was the registered owner of the vehicle, and there was no challenge to its title or authenticity of the registration certificate. Even if ownership was doubted, the appellant was at least a bona fide possessor, entitled to recover damages. The respondent failed to adduce any evidence to refute the appellant's version of the collision, which was caused by the respondent's driver's negligence. The appellant's expert evidence on quantum was uncontested, and the amount cla…

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• Locus Standi
• Motor Vehicle Collision
• Negligence
• Quantum Of Damages
• Ownership Of Property

Maitja v Molapo and Another (HCA44/2023)

Maitja v Molapo and Another (HCA44/2023) [2024] ZALMPPHC 198 (4 December 2024)

Court

Limpopo High Court, Polokwane

Case number

HCA44/2023

Judges

Monene, Kganyago

The court found that both parties relied on the same witness, Matome Ratjomane, for mutually contradictory versions regarding the ownership of the property. The Magistrate erred by simply preferring one version over the other without a reasoned basis or proper analysis of the evidence. Given the existence of a genuine dispute of fact, the matter could not be resolved on affidavit alone. The correct approach was to refer the matter to oral evidence or trial to determine ownership. Consequently, the appeal succeeded, and the Magistrate's orders, including the costs order, were set aside. The ma…

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• Eviction
• Dispute Of Fact
• Ownership Of Property
• Referral To Oral Evidence

People of His Way Ministry v Mokuke and Others (2023/032252)

People of His Way Ministry v Mokuke and Others (2023/032252) [2024] ZAGPPHC 1198 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/032252

Judge

Thobane

The High Court granted a final interdict restraining a breakaway church group from using the applicant’s name and collecting funds, and ordered return of records and funds.

• Final Interdict
• Non Profit Organisation Governance
• Ownership Of Property
• Unlawful Collection Of Funds
• Mandatory Interdict
• Final-interdict

Mashamaite v Mohlala and Others (2022/059691)

Mashamaite v Mohlala and Others (2022/059691) [2024] ZAGPJHC 861 (8 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/059691

Judge

S D J Wilson

Leave to appeal was dismissed after the court found no basis to disturb its order upholding a sale agreement and rejecting a section 10A National Housing Act challenge.

• Validity Of Sale Agreement
• Ownership Of Property
• Housing Subsidy Conditions
• Section 10a National Housing Act
• Property-law
• Sale-agreement

N.C.Z and Another v K.M.N (Leave to Appeal) (33078/2019)

N.C.Z and Another v K.M.N (Leave to Appeal) (33078/2019) [2024] ZAGPJHC 871 (26 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

33078/2019

Judge

Wilson

The High Court dismissed leave to appeal against a factual trial judgment, finding no reasonable prospect that an appeal court would disturb the evidence-based findings.

• Leave To Appeal
• Factual Findings On Evidence
• Mutually Destructive Versions
• Ownership Of Property
• Leave-to-appeal
• Factual-findings

Schoeman and Another v Big 5 Security Company Wihon 25 CC and Others (7093/2024)

Schoeman and Another v Big 5 Security Company Wihon 25 CC and Others (7093/2024) [2024] ZALMPPHC 96 (6 August 2024)

Court

Limpopo High Court, Polokwane

Case number

7093/2024

Judge

Gaisa

An urgent application to enforce a sale agreement, recover GPRS radios, and stop client contact was dismissed for lack of urgency and failure on the merits.

• Specific Performance
• Contract Enforceability
• Ownership Of Property
• Final Interdict
• Urgent Application
• Admissibility Of Evidence

K.R.M v J.M.M (A161/2023)

K.R.M v J.M.M (A161/2023) [2023] ZAGPPHC 1955 (27 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

A161/2023

Judges

M Motha, Coetzee

Appeal against a divorce forfeiture order remitted to the court a quo because the record did not establish when the immovable property was acquired or owned.

• Forfeiture Of Matrimonial Benefits
• Division Of Joint Estate
• Divorce Act Section 9
• Ownership Of Property
• Costs In Divorce
• Remittal For Further Evidence

Fouche v Minister of Police - Application for Leave to Appeal (94966/16)

Fouche v Minister of Police - Application for Leave to Appeal (94966/16) [2023] ZAGPPHC 1840 (19 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

94966/16

Judge

Barit

The court found that the applicant was lawfully arrested by the police after taking possession of a vehicle registered and paid for by the complainant, Rawlins, without her authority. The applicant failed to provide any credible evidence of ownership, relying on a worthless offer to purchase document. The police acted within their statutory powers under section 40 of the Criminal Procedure Act, and the arrest was justified. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act is stringent, requiring more than a mere possibility of success. The applicant di…

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• Unlawful Arrest
• Damages For Unlawful Detention
• Ownership Of Property
• Section 17 Superior Courts Act
• Constitutional Property Rights

Zwane NO and Another v Pretorius (399/2018)

Zwane NO and Another v Pretorius (399/2018) [2019] ZASCA 171 (29 November 2019)

Court

Supreme Court of Appeal

Case number

399/2018

Judges

Cachalia, Swain, Mokgohloa

The Supreme Court of Appeal dismissed a condonation application for a late appeal, finding the delay inadequately explained and no prospects of success.

• Condonation
• Late Filing Of Appeal
• Oral Agreement
• Ownership Of Property
• Prospects Of Success
• Late-filing-of-appeal

Padayacee v Hussein and Another (9902/2018)

Padayacee v Hussein and Another (9902/2018) [2019] ZAKZDHC 26 (1 November 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

9902/2018

Judge

Bezuidenhout

The court found that the applicant proved ownership of the vehicle on a balance of probabilities. The first respondent received the vehicle as security for a loan, which was repaid, but failed to return the vehicle. The second respondent did not provide documentary evidence of lawful transfer or registration into his name. The affidavit purporting to authorize the sale was disputed and not credible. The applicant never signed transfer documents, and the identity document used for transfer was found to be fraudulent. There was no genuine dispute of fact, and the applicant was entitled to the r…

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• Ownership Of Property
• Security For Debt
• Return Of Property
• Dispute Of Fact