South Africa Case Law

Elmo-York N.O v Van Dyk and Another (67219/2019)

Elmo-York N.O v Van Dyk and Another (67219/2019) [2020] ZAGPPHC 570 (22 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

67219/2019

Judge

GW Girdwood

The court found that the first respondent failed to discharge the onus of proving a right to possession of the property. The covering mortgage bond and unsigned deed of sale did not constitute a valid deed of alienation under section 2(1) of the Alienation of Land Act, as they were not signed by both parties and did not contain all material terms. The respondent's allegations regarding COVID-19 related hardship and lack of alternative accommodation were unsubstantiated and lacked supporting evidence. The requirements of PIE were satisfied, and no valid defence to eviction was raised. The cour…

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• Alienation Of Land Act
• Eviction Under Pie
• Vindicatory Claim
• Formalities Of Sale
• Just And Equitable Eviction

Firstrand Bank Limited t/a CNH Capital v Jawiklane (Pty) Ltd (46192/2018)

Firstrand Bank Limited t/a CNH Capital v Jawiklane (Pty) Ltd (46192/2018) [2020] ZAGPJHC 431 (9 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

46192/2018

Judge

Lapan

The High Court granted an interim interdict ordering return of a tractor pending an action over cancellation of an instalment sale agreement and ownership.

• Interim Interdict
• Instalment Sale Agreement
• Reservation Of Ownership
• Rectification Of Contract
• Vindicatory Claim
• Interim-interdict

Agribee Beef Fund v Makinana; Agribee Beef Fund v Ngudle; Agribee Beef Fund v Ngqoshana; Agribee Beef Fund v Joyi (867/2020; 868/2020; 869/2020; 870/2020)

Agribee Beef Fund v Makinana; Agribee Beef Fund v Ngudle; Agribee Beef Fund v Ngqoshana; Agribee Beef Fund v Joyi (867/2020; 868/2020; 869/2020; 870/2020) [2020] ZAECGHC 76 (14 July 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

867/2020; 868/2020; 869/2020; 870/2020

Judge

M.J. Lowe

The High Court granted Agribee Beef Fund final interdictory relief, ordering return of 50 weaners per respondent and cancelling the production agreements.

• Final Interdict
• Vindicatory Claim
• Urgent Interdict
• Ownership Of Livestock
• Contract Cancellation
• Final-interdict

Keyter v Keevy and Others (1658/2006)

Keyter v Keevy and Others (1658/2006) [2017] ZAECGHC 41 (22 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

1658/2006

Judge

G H Bloem

The High Court upheld a special plea of prescription, finding the plaintiff’s claim over livestock had prescribed before the third defendants were joined.

• Prescription Act
• Special Plea Of Prescription
• Estate Administration
• Usufruct
• Vindicatory Claim
• Prescription-act

Candero Mining and Consulting (Pty) Ltd v Stmith and Others (7178/16)

Candero Mining and Consulting (Pty) Ltd v Stmith and Others (7178/16) [2016] ZAGPPHC 376 (26 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

7178/16

Judge

J W Louw

The High Court granted an urgent interim interdict stopping removal and sale of material from a mine dump pending trial, finding a prima facie right and irreparable harm.

• Interim Interdict
• Ownership Of Mine Dumps
• Movable Vs Immovable Property
• Mining Rights
• Vindicatory Claim
• Interim-interdict

Lifestyle Transport CC v Minister of Police and Others (14488/13)

Lifestyle Transport CC v Minister of Police and Others (14488/13) [2014] ZAGPJHC 92 (15 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

14488/13

Judge

Opperman

The court dismissed an application for ownership and interim relief over a truck, finding the second respondent remained owner and the applicant failed to prove estoppel.

• Ownership Transfer
• Vindicatory Claim
• Estoppel
• Interim Interdict
• Fraudulent Transfer
• Vindicatory-claim

Kalahari Mining Logistics (Pty) Ltd and Others v Wilest International Pvt Co. Ltd (A18/2013)

Kalahari Mining Logistics (Pty) Ltd and Others v Wilest International Pvt Co. Ltd (A18/2013) [2013] ZAKZDHC 29; 2013 (5) SA 12 (KZD) (30 May 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

A18/2013

Judge

SR Mullins

The court set aside the deemed arrest of iron ore cargo, holding that a vindicatory action in rem is not available for cargo under South African admiralty law.

• Action In Rem
• Vindicatory Claim
• Ownership Of Cargo
• Admiralty Jurisdiction Regulation Act
• Security Arrest
• Parate Executie

Oos Vrystaat Kaap Bedryf Bpk v MT Naval Trading 502 CC and Others (1143/12)

Oos Vrystaat Kaap Bedryf Bpk v MT Naval Trading 502 CC and Others (1143/12) [2013] ZANWHC 43 (16 May 2013)

Court

North West High Court, Mafikeng

Case number

1143/12

Judge

Kgoele

The court found that the applicant had established a prima facie right to possession of the farming implements based on the breach and cancellation of the instalment sale agreements. The respondent failed to dispute the existence or terms of the agreements, did not object to monthly statements, and made only bare denials regarding indebtedness. The court held that depreciation of the implements was not disputed and that continued use without payment was untenable. The requirements for interim interdict were satisfied: the applicant's right was prima facie established, irreparable harm was pre…

Source excerpt

• Instalment Sale Agreements
• Interim Interdict
• Vindicatory Claim
• Breach Of Contract
• Balance Of Convenience

Oos Vrystaat Kaap Bedryf Beperk v MT Naval Trading 502 CC and Others (1143/12)

Oos Vrystaat Kaap Bedryf Beperk v MT Naval Trading 502 CC and Others (1143/12) [2013] ZANWHC 70 (16 May 2013)

Court

North West High Court, Mafikeng

Case number

1143/12

Judge

Kgoele

Court granted interim possession of farming implements pending the main action after finding a prima facie right, breach, cancellation, and balance of convenience.

• Instalment Sale Agreements
• Interim Interdict
• Breach Of Contract
• Vindicatory Claim
• Balance Of Convenience
• Interim-interdict

Club Mykonos Resort Managers (Pty) Ltd v Hobie Beach Bar CC and Another (23322/10)

Club Mykonos Resort Managers (Pty) Ltd v Hobie Beach Bar CC and Another (23322/10) [2010] ZAWCHC 545 (11 November 2010)

Court

Western Cape High Court, Cape Town

Case number

23322/10

Judge

Cloete

The court dismissed leave to appeal and allowed execution of its earlier order, finding no reasonable prospect of success and granting relief under rule 49(11).

• Leave To Appeal
• Rule 49 11 Execution
• Non Joinder
• Repudiation Of Lease
• Vindicatory Claim
• Balance Of Convenience