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South Africa decisions
Decisions matching the current search
Smith v Buffalo City Municipality and Others (1323/2008) [2025] ZAECMKHC 43 (8 May 2025)
The court held that MFMA section 14 did not bar restoration of expropriated land found unsuitable for its public purpose and made the settlement an order.
Maruping v Matlala (5973/2022) [2023] ZAFSHC 159 (21 April 2023)
Application for mandament van spolie over a motor vehicle dismissed after the court found no unlawful dispossession and, alternatively, impossibility of restoration.
Schalk v Mphosi and Another (23553/22) [2022] ZAGPPHC 828 (31 October 2022)
The court confirmed a spoliation order for two Mercedes-Benz vehicles, holding that the applicant proved peaceful possession and unlawful dispossession, while ownership was irrelevant.
Matrix Warehouse (PTY) Ltd v Ras (45582/2021) [2022] ZAGPJHC 308 (28 April 2022)
The High Court granted an owner’s rei vindicatio for return of a motor vehicle, rejecting the respondent’s claim of a different oral arrangement.
QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (1619/2020) [2022] ZANCHC 12 (4 March 2022)
The High Court considered whether to grant leave to appeal against its earlier spoliation ruling, applying the reasonable-prospects test under section 17(1)(a).
Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Makhanya (5514/2021) [2022] ZAFSHC 11 (28 January 2022)
The court granted vindication of a vehicle, finding the applicant proved ownership and that the respondent exercised control amounting to possession.
Global Engineering UK Ltd and Another v Wallace (3984/2009) [2010] ZAECGHC 3 (5 February 2010)
The High Court confirmed a rule nisi and ordered return of a fishing vessel and equipment, holding the applicants had proved unlawful deprivation of possession.
UMMI Properties (Pty) Ltd v Cowsta Beleggings (Pty) Ltd and Another (1026/09) [2009] ZAECPEHC 18 (28 April 2009)
High Court case on whether a landlord could refuse consent to a sublease and cession, and whether a nightclub-type business could lawfully occupy the premises.
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