Boshoff v Tristar Custom Feeders (Pty) Ltd and Others (2033/2020)
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…
Source excerpt
- Rei Vindicatio
- Ownership Of Movable Property
- Passing Of Ownership
- Oral Evidence
- Sale On Credit