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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 57

Dhoda and Others v Minister of Police and Others (2025/006880)

Dhoda and Others v Minister of Police and Others (2025/006880) [2025] ZAGPJHC 57 (30 January 2025)

The High Court struck an urgent application off the roll after finding the applicants had not shown urgency in seeking return of seized devices and deletion of information.

  • Search And Seizure
  • Urgency
  • Unlawful Search
  • Return Of Property
  • Search-and-seizure
  • Return-of-property
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Land And Property [2024] ZAGPJHC 1111

Executive Mobility Financial Solutions (Pty) Ltd v Gulf Oils Fuels (Pty) Ltd and Others (2024/112065)

Executive Mobility Financial Solutions (Pty) Ltd v Gulf Oils Fuels (Pty) Ltd and Others (2024/112065) [2024] ZAGPJHC 1111 (30 October 2024)

The High Court granted an urgent rei vindicatio for return of a Mercedes-Maybach GLS600, finding the applicant proved ownership and the respondent had no lawful right to keep it.

  • Rei Vindicatio
  • Ownership Dispute
  • Urgent Interdict
  • Return Of Property
  • Rei-vindicatio
  • Ownership-dispute
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Civil Procedure [2023] ZAGPJHC 621

GloSee Chemicals CC v Hulley (A3097/2022 ; 1595/2021)

GloSee Chemicals CC v Hulley (A3097/2022 ; 1595/2021) [2023] ZAGPJHC 621 (5 June 2023)

The High Court dismissed an appeal and condonation application over an ex parte order concerning two shipping containers and found no valid basis for the delay.

  • Ex Parte Applications
  • Condonation
  • Ownership Dispute
  • Urgent Interim Relief
  • Return Of Property
  • Ex-parte-applications
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Civil Procedure [2023] ZAGPPHC 301

UnchainedYouth NPC and Others v Chauke

UnchainedYouth NPC and Others v Chauke [2023] ZAGPPHC 301; B1443/2023 (28 April 2023)

Urgent relief was granted in part. The respondent must return admitted property, while disputed items were separated for later motion proceedings.

  • Urgent Interdict
  • Condonation Of Non Compliance
  • Return Of Property
  • Costs Order
  • Domestic Violence
  • Board Custodianship
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Civil Procedure [2022] ZAGPPHC 892

Whirlaway Trading 234 CC v Mercedes-Benz Financial Services South Africa (Pty) Ltd.and Another (09045/18)

Whirlaway Trading 234 CC v Mercedes-Benz Financial Services South Africa (Pty) Ltd.and Another (09045/18) [2022] ZAGPPHC 892 (17 November 2022)

The High Court dismissed an application for return of a repossessed vehicle, holding that the applicant breached the settlement terms and had not rescinded the underlying judgment.

  • Instalment Sale Agreement
  • Execution Of Judgment
  • Settlement Agreement
  • Rescission Of Judgment
  • Return Of Property
  • Instalment-sale-agreement
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Civil Procedure [2021] ZAGPPHC 470

Wyn Sun 666 (Pty) Ltd and Another v Minister of Police and Others (33441/21)

Wyn Sun 666 (Pty) Ltd and Another v Minister of Police and Others (33441/21) [2021] ZAGPPHC 470 (20 July 2021)

The High Court ordered the return of most seized business goods on a spoliation claim, finding key items were taken without a valid warrant.

  • Mandament Van Spolie
  • Search And Seizure
  • Criminal Procedure Act
  • Urgent Interdict
  • Return Of Property
  • Mandament-van-spolie
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Civil Procedure [2021] ZAGPPHC 517

N.M v Shisuka and Others (A230/2020)

N.M v Shisuka and Others (A230/2020) [2021] ZAGPPHC 517 (6 April 2021)

The High Court dismissed an appeal seeking return of a vehicle and interim estate relief, holding the appellant had not established locus standi or a basis to disturb the magistrate’s order.

  • Locus Standi
  • Urgent Application
  • Customary Marriage
  • Return Of Property
  • Locus-standi
  • Urgent-application
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Land And Property [2020] ZAFSHC 121

Royal Vision Investments CC v Taljaard (4856/2019)

Royal Vision Investments CC v Taljaard (4856/2019) [2020] ZAFSHC 121 (30 June 2020)

The court granted rei vindicatio relief for 64 Kafue Lechwes, finding the applicant proved ownership and the respondent’s possession, and ordered their return.

  • Rei Vindicatio
  • Ownership Dispute
  • Possession
  • Return Of Property
  • Rei-vindicatio
  • Ownership-dispute
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Civil Procedure [2019] ZALMPPHC 61

SA Taxi Finance Solutions (Pty) Ltd v J and D Panelbeaters CC and Another (2606/2019)

SA Taxi Finance Solutions (Pty) Ltd v J and D Panelbeaters CC and Another (2606/2019) [2019] ZALMPPHC 61 (12 December 2019)

The High Court ordered the return of a vehicle held under a salvage lien once the owner tendered security for the claimed amount.

  • Right Of Lien
  • Security For Debt
  • Return Of Property
  • Enrichment Claim
  • Lien
  • Security-for-debt
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Civil Procedure [2019] ZAGPJHC 503

Masingita Masunga Media CC and Another v First Rand Bank Limited t/a Land Rover Financial Services, a Division of West Bank (32725/2016)

Masingita Masunga Media CC and Another v First Rand Bank Limited t/a Land Rover Financial Services, a Division of West Bank (32725/2016) [2019] ZAGPJHC 503 (9 December 2019)

The court found that the Applicants were not entitled to rescission of the judgment under Rule 42 or the common law, as the requirements for rescission were not met. However, the evidence established that the parties had entered into a reinstatement agreement in August 2017, as demonstrated by the Applicants' substantial payments, the Respondent's acceptance of those payments, and the Respondent's failure to enforce the judgment for 18 months. The Respondent's repossession of the vehicle in October 2018, without instituting fresh proceedings for breach of the reinstatement agreement, amounted…

  • Rescission Of Judgment
  • Instalment Sale Agreement
  • Variation And Reinstatement Of Contract
  • Self Help
  • Return Of Property
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.