South Africa Case Law

CUF Properties (Pty) Ltd v Mthimkulu and Others (2011/53946)

CUF Properties (Pty) Ltd v Mthimkulu and Others (2011/53946) [2018] ZAGPPHC 491 (23 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

2011/53946

Judge

Swanepoel

The applicant proved lawful ownership of the property by producing the original deed of transfer and supporting documentation. The respondents failed to provide any evidence of fraud or irregularity in the transfer, nor did they take steps to challenge the transfer over several years. The court found the applicant to be the lawful owner. However, the information before the court regarding the personal circumstances of the respondents was insufficient to determine whether eviction would be just and equitable under sections 4(6) and 4(7) of the PIE Act. The court emphasized the positive duty on…

Source excerpt

• Eviction
• Pie Act Compliance
• Ownership Proof
• Just And Equitable
• Public Documents Evidence

Vivs Tippers (Edms) Beperk v Phaphama Africa Staff Services (23656/05)

Vivs Tippers (Edms) Beperk v Phaphama Africa Staff Services (23656/05) [2007] ZAGPHC 370 (6 November 2007)

Court

High Courts - Gauteng

Case number

23656/05

Judge

Du Plessis R

The court dismissed a delict claim against a security company after a truck was taken from a construction camp, finding no legal duty to the plaintiff and insufficient proof of negligence.

• Security Services Liability
• Negligence
• Ownership Proof
• Contractual Exclusion Of Liability
• Security-services-liability
• Delict

Air Products SA (Pty) Ltd v African Oxygen Ltd (14762/01)

Air Products SA (Pty) Ltd v African Oxygen Ltd (14762/01) [2003] ZAGPHC 15 (26 November 2003)

Court

High Courts - Gauteng

Case number

14762/01

Judge

Willis

The High Court granted an owner’s vindicatory claim for return of LPG cylinders and rejected the respondent’s alternative salvage-lien defence.

• Actio Rei Vindicatio
• Ownership Proof
• Salvage Lien
• Actio-rei-vindicatio
• Ownership
• Salvage-lien