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Civil Procedure [2007] ZAGPHC 63

Daniels v Minister of Safety and Security and Others (5227/07)

Daniels v Minister of Safety and Security and Others (5227/07) [2007] ZAGPHC 63 (1 June 2007)

The court found that the applicant failed to discharge the onus of proving that the truck was stolen and that Mr Kobue may not lawfully possess it. Although the sale agreement contained clauses restricting alienation and reserving rights of repossession, there was insufficient evidence to establish that Harmse acted with the requisite intent to commit theft or embezzlement when he disposed of the truck. The applicant's evidence regarding non-payment and theft was unconvincing and contradicted by Harmse's affidavit and the absence of corroborating documentation. As a result, the police are obl…

  • Criminal Procedure Act Section 31
  • Ownership Dispute
  • Return Of Seized Property
  • Bona Fide Purchaser
  • Theft Vs Contractual Breach
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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.