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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.
Faynaz Import and Export Enterprises CC v Commissioner of Customs and Excise and Others (8642/2004) [2009] ZAGPHC 24; [2009] 2 All SA 358 (T); 71 SATC 205 (12 February 2009)
The court found, on the balance of probabilities, that Inspector Bezuidenhout of SAPS took possession of the keys to the bonded warehouse, thereby acquiring control and possession of the plaintiff's goods. The SAPS failed to take reasonable steps to protect the plaintiff's property, and the goods subsequently disappeared while under SAPS control. The plaintiff's vindicatory claim failed as the defendant was not in possession at the time of summons, and the actio ad exhibendum was not sustained due to lack of dolus. However, the court held that the defendant was liable in delict for negligentl…
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Bouwer v Cassim NO and Another (30767/2005) [2006] ZAGPHC 232 (21 August 2006)
The High Court upheld an exception because the plaintiff did not allege compliance with section 359(2) of the Companies Act in a liquidation-related claim.
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