South Africa Case Law

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Lifemed Emergency Services (Pty) Ltd (B4469/2023)

Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Lifemed Emergency Services (Pty) Ltd (B4469/2023) [2025] ZAGPPHC 8 (6 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

B4469/2023

Judge

EF Dippenaar

The court found that the applicant established all requirements for the rei vindicatio: ownership of the vehicles, respondent's possession, and clear identification of the vehicles. The respondent did not dispute receipt of the cancellation notice, which was effectively served both at its registered address and electronically. The agreement permitted cancellation without notice in the event of default, and the breaches relied upon were not contested. The respondent's challenge to the authority of the deponent was not properly raised and was met by a resolution authorising the proceedings. The…

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• Rei Vindicatio
• Lease Agreement Termination
• Service Of Process
• Proof Of Ownership
• Breach Of Contract
• Costs Award

Fouche v Minister of Police (A59/2024)

Fouche v Minister of Police (A59/2024) [2024] ZAGPPHC 1176 (11 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A59/2024

Judges

N G M Mazibuko, N Davis, M P N Mbongwe

Appeal dismissed in an unlawful arrest claim arising from the arrest of the appellant in possession of an Audi A1 reported stolen.

• Unlawful Arrest
• Reasonable Suspicion
• Damages For Detention
• Criminal Procedure Act Section 40
• Proof Of Ownership
• Exercise Of Discretion

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)

Court

Western Cape High Court, Cape Town

Case number

10304/23

Judge

A Bhoopchand

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

Mvula v City of Cape Town and Others (8583/24)

Mvula v City of Cape Town and Others (8583/24) [2024] ZAWCHC 221 (16 August 2024)

Court

Western Cape High Court, Cape Town

Case number

8583/24

Judge

S G Magardie

The High Court dismissed an urgent application for return of an impounded taxi, finding the vehicle released to the Sheriff was the same as the one in the court order.

• Mandatory Interdict
• Impoundment Of Vehicle
• Proof Of Ownership
• Urgent Application
• Locus Standi
• Mandatory-interdict

S.C and Another v L.M (A2023/053792)

S.C and Another v L.M (A2023/053792) [2024] ZAGPJHC 556 (12 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/053792

Judges

Mudau, Malindi, Wilson

The court found that the respondent provided a reasonable explanation for the lack of proof of payment for the property, given the passage of 18 years since its acquisition. The deed of transfer established that the property was registered in her name, and there was no evidence of collusion or simulated transaction intended to prejudice creditors. The insolvent's contributions to bond repayments were attributed to his common law duty of support and did not confer ownership rights. The appellants' arguments were deemed speculative and unsupported by concrete evidence. The respondent acquired t…

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• Solvent Spouse Property
• Section 21 Investigation
• Proof Of Ownership
• Title Valid Against Creditors
• Deed Of Transfer Evidence

Eastern Cape Development Corporation v Occupiers of Erf 117 and Erf 118 Umtata, Windsor Hotel, 36 Sutherland Street, Mthatha and Others - Reasons (3333/2023)

Eastern Cape Development Corporation v Occupiers of Erf 117 and Erf 118 Umtata, Windsor Hotel, 36 Sutherland Street, Mthatha and Others - Reasons (3333/2023) [2024] ZAECMKHC 9 (30 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3333/2023

Judge

Rugunanan

Urgent eviction application dismissed because the applicant failed to prove ownership and relied on inadmissible hearsay to show imminent danger.

• Eviction
• Unlawful Occupation
• Hearsay Evidence
• Proof Of Ownership
• Urgent Interdict
• Unlawful-occupation

Eastern Cape Development Corporation v Occupiers of Erf 117 and Erf 118 Umtata, Windsor Hotel, 36 Sutherland Street, Mthatha and Others (3333/2023)

Eastern Cape Development Corporation v Occupiers of Erf 117 and Erf 118 Umtata, Windsor Hotel, 36 Sutherland Street, Mthatha and Others (3333/2023) [2024] ZAECMKHC 57 (30 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3333/2023

Judge

S Rugunanan

The court dismissed an urgent eviction application after finding the applicant failed to prove ownership and relied on inadmissible hearsay evidence.

• Unlawful Occupation
• Eviction Act Section 5
• Proof Of Ownership
• Hearsay Evidence
• Urgent Relief
• Urgent-eviction

Setshekgamollo and Others v Majang Incorporated Attorneys and Others (9613/2022)

Setshekgamollo and Others v Majang Incorporated Attorneys and Others (9613/2022) [2023] ZALMPPHC 78 (31 August 2023)

Court

Limpopo High Court, Polokwane

Case number

9613/2022

Judge

M Kgatla

The court found that the applicants established urgency as the sheriff was scheduled to sell assets imminently, and communications between the parties did not resolve the ownership dispute. The applicants demonstrated a clear right to the Hyundai H1, the dryer, and the fridge through documentary evidence. The court held that injury was reasonably apprehended because the sale would violate the applicants' rights. The applicants lacked an adequate alternative remedy, as claiming from the fourth respondent would not afford similar protection, given his apparent lack of means. The requirements fo…

Source excerpt

• Final Interdict
• Ownership Of Movable Property
• Sale In Execution
• Urgent Interdict
• Proof Of Ownership

TACHMO CC v Mphuti N and Another (A39/2020)

TACHMO CC v Mphuti N and Another (A39/2020) [2022] ZAFSHC 146 (31 May 2022)

Court

Free State High Court, Bloemfontein

Case number

A39/2020

Judges

C Reinders, S Naidoo, A K Ramlal

The High Court upheld an appeal in a PIE eviction dispute, found the appellant proved ownership, and granted eviction with a six-month period to vacate.

• Prevention Of Illegal Eviction Act
• Proof Of Ownership
• Just And Equitable Eviction
• Title Deed Evidence
• Alternative Accommodation
• Constitutional Property Rights

Malatji and Others v IGWO Properties (Pty) Ltd (A65/2019)

Malatji and Others v IGWO Properties (Pty) Ltd (A65/2019) [2020] ZAGPPHC 447 (27 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

A65/2019

Judges

Makhubele, Acting Judge

The High Court dismissed an eviction appeal, holding the earlier dismissal was on technical points only and did not bar a fresh application.

• Eviction Proceedings
• Res Judicata
• Jurisdiction
• Points In Limine
• Proof Of Ownership
• Res-judicata