South Africa Case Law

SA Taxi Development Finance (Pty) Limited v Johnson (2021/0031)

SA Taxi Development Finance (Pty) Limited v Johnson (2021/0031) [2025] ZAGPJHC 181 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/0031

Judge

Allen

The applicant established a clear right to the vehicle by virtue of the lease agreement and payment for the vehicle, with ownership retained until full payment. The agreement was validly cancelled due to non-payment, which is undisputed. The respondent failed to provide evidence disputing the outstanding balance or ownership and relied solely on technical defences of jurisdiction and locus standi, which the court found unsustainable. The requirements for interim interdict—prima facie right, irreparable harm, balance of convenience, and absence of alternative remedy—were all satisfied. The res…

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• Interim Interdict
• Lease Agreement
• Vindication
• Balance Of Convenience
• Locus Standi
• Jurisdiction

Black Royalty Minerals Koornfontein (Pty) Ltd v Sheriff, Middelburg and Another (2024/008520)

Black Royalty Minerals Koornfontein (Pty) Ltd v Sheriff, Middelburg and Another (2024/008520) [2024] ZAGPPHC 1184 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/008520

Judge

Thobane

The High Court held that a party in possession through the cited company could be reached by the existing vindication order, and dismissed the application with punitive costs.

• Joinder Of Parties
• Execution Of Judgments
• Punitive Costs
• Vindication
• Urgent Interdict
• Execution-of-judgment

Ghubhelabm (Pty) Ltd and Another v R.A.W Truck Trading CC and Another (B3217/2023)

Ghubhelabm (Pty) Ltd and Another v R.A.W Truck Trading CC and Another (B3217/2023) [2024] ZAGPPHC 416 (26 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

B3217/2023

Judge

Vivian

The High Court refused leave to appeal in a truck vindication dispute, upheld a preservation lien, and maintained a costs order on Scale A.

• Leave To Appeal Requirements
• Preservation Lien
• Corporate Identity
• Costs Order
• Judicial Discretion
• Leave-to-appeal

Choppies Supermarkets (SA) (Pty) Limited v Heriot Properties (Pty) Limited (015457/2024)

Choppies Supermarkets (SA) (Pty) Limited v Heriot Properties (Pty) Limited (015457/2024) [2024] ZAGPJHC 354 (1 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

015457/2024

Judge

Gilbert

The court found that the shelving and racking installed in the premises had not acceded to the immovable property. The applicant provided photographs, a removal quotation, and contemporaneous correspondence supporting its intention that the goods remain movable. The respondent failed to provide probative counter-evidence, relying only on an attorney's affidavit without personal knowledge. Applying the principles from Unimark and the Plascon-Evans test, the court held that there was no genuine factual dispute requiring oral evidence. The defence of accession was rejected, and the applicant was…

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• Accession Of Chattels
• Vindication
• Urgent Interdict
• Motion Proceedings

Ranthako N.O v Chelin (17108/2022)

Ranthako N.O v Chelin (17108/2022) [2023] ZAGPPHC 1905 (17 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

17108/2022

Judge

Millar

The court found that the respondent was entitled to exercise a contractual lien over the horses for unpaid stabling and upkeep fees, but that this lien did not extend to the horse passports. The passports, while necessary for competitions and transport, do not constitute possession or control of the horses themselves. Once the respondent relinquished possession of two horses, Valentia and Lux, she lost her lien over them and should have delivered their passports to the applicant. In respect of Volare, the respondent retained possession and control, but the ongoing costs and diminishing value…

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• Debtor Creditor Lien
• Vindication
• Security For Debt
• Delivery Of Property

Car Boys CC v Steering Autoworld CC (2023/014934)

Car Boys CC v Steering Autoworld CC (2023/014934) [2023] ZAGPJHC 151 (24 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/014934

Judge

Gilbert

Urgent vindication of seven motor vehicles was dismissed because the applicant’s papers were too vague and unsupported to prove ownership.

• Vindication
• Ownership Of Moveable Property
• Urgent Interdict
• Hearsay Evidence
• Burden Of Proof
• Ownership-of-movable-property

Zwane and Others v Firstrand Bank Limited (2019/42590)

Zwane and Others v Firstrand Bank Limited (2019/42590) [2022] ZAGPJHC 927 (21 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2019/42590

Judge

H M Viljoen

Rescission of a default judgment was refused because the first applicant gave no adequate explanation for her default and no bona fide defence to repossession.

• Rescission Of Judgment
• Default Judgment
• Instalment Sale Agreement
• Vindication
• Joinder Of Parties
• Rescission-of-judgment

ABSA Bank Limited v Phiri N.O. and Others (3881/2022)

ABSA Bank Limited v Phiri N.O. and Others (3881/2022) [2022] ZAFSHC 365 (28 October 2022)

Court

Free State High Court, Bloemfontein

Case number

3881/2022

Judge

L LE R POHL

The court granted ABSA interim relief for 43 financed movable assets still unpaid, pending declaratory proceedings, and rejected urgency, jurisdiction, and joinder objections.

• Business Rescue
• Ownership Of Movable Property
• Interim Interdict
• Companies Act Section 133
• Vindicatory Action
• Business-rescue

Compair (SA) (Pty) Limited v Van Jaarsveldt N.O. and Others (47458/21)

Compair (SA) (Pty) Limited v Van Jaarsveldt N.O. and Others (47458/21) [2022] ZAGPJHC 513 (3 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

47458/21

Judge

Nochumsohn

The High Court held that section 84(1) of the Insolvency Act did not require paragraph (d) of the National Credit Act definition to be met, and dismissed the application.

• Instalment Agreement
• National Credit Act
• Insolvency Act Section 84
• Ownership Of Movable Property
• Vindication
• Liquidation Procedure

Balise Printing and Publishing (Pty) Ltd t/a Minuteman Press v Small Enterprise Finance Agency Society Limited and Others (56444/2020)

Balise Printing and Publishing (Pty) Ltd t/a Minuteman Press v Small Enterprise Finance Agency Society Limited and Others (56444/2020) [2020] ZAGPPHC 721 (4 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

56444/2020

Judge

N Janse Van Nieuwenhuizen

The High Court interdicted SEFA and the Sheriff from executing warrants against equipment in the applicant’s possession, holding the warrant did not extend to a third party.

• Warrant Of Delivery
• Vindication
• Instalment Sale Agreement
• Interdict
• Default Judgment
• Warrant-of-delivery