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South Africa decisions
Decisions matching the current search
Dinah N.O and Another v Iginla and Others (063768/2023) [2024] ZAGPPHC 914 (10 September 2024)
The High Court dismissed leave to appeal against confirmation of an interim interdict, holding the order was not final and the property had not yet transferred.
Boshoff v Tristar Custom Feeders (Pty) Ltd and Others (2033/2020) [2022] ZANCHC 61 (30 September 2022)
The court found that Boshoff retained ownership of the calves at the time of the application, as he did not intend to pass ownership until full payment was received. This intention was communicated to his agent and, on the probabilities, to the buyer. The evidence established that Boshoff's business practice was to issue invoices only after payment and that he had a financial obligation due on 2 November 2020, reinforcing his intention to retain ownership. The respondents failed to lead evidence to the contrary and relied solely on documentation, which was insufficient to rebut Boshoff's vers…
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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.
Jennings v Cotterel N.O and Others (5091/2017) [2019] ZAECGHC 129 (17 December 2019)
The court found that the applicant's assertions regarding payment and the passing of ownership were wholly insufficient to defeat the respondents' claim based on the rei vindicatio. The allegations did not raise any genuine or bona fide disputes of fact regarding whether the respondents had established all the requisites for vindicatory relief on a balance of probabilities. Consequently, the court held that there were no prospects of another court finding differently and dismissed the application for leave to appeal with costs.
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Green Africa Container Depot (Pty) Ltd v Perfect Innovations 146 CC (AR101/13) [2014] ZAKZPHC 68 (21 February 2014)
High Court appeal about damaged tyres, ownership, agency, damages and interest. The appeal was dismissed except for amending the interest order.
Strangprop (Pty) Ltd v Vasriawa and Another (6109/2010) [2011] ZAKZDHC 47 (21 September 2011)
High Court exception case on whether a sale agreement’s alternative claims disclosed causes of action despite disputed suspensive conditions and encroachment remedies.
Silver Ruby Trading 1003 CC t/a The Ranch Auto v ABSA Bank Ltd and Another (14057/2009) [2010] ZAKZDHC 82 (21 May 2010)
The court held that the applicant remained owner of 17 vehicles and was not estopped by the second respondent’s conduct from reclaiming them.
Mathenjwa NO and Others v Magudu Game Company (Pty) Ltd (258/08) [2009] ZASCA 57; 2010 (2) SA 26 (SCA) ; [2009] 4 All SA 15 (SCA) (28 May 2009)
The Supreme Court of Appeal held that the respondent owned the game in the reserve and had not lost ownership when access to the trust land was blocked.
Qannas Shipping Company Limited and Another v Bulkship Union S.A. and Another (A74/2006) [2008] ZAKZHC 56 (4 March 2008)
The High Court set aside the arrest of the MV Cape Courage, holding the buyer’s damage claims arose only after delivery and transfer of ownership.
Nyathi Company Limited v St. Francis Marine CC (AC05/2006) [2006] ZAWCHC 68 (2 June 2006)
The High Court set aside the arrest of a catamaran, finding ownership had passed to the buyer after delivery and later conduct transformed the deal into credit sale.
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