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South Africa decisions
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Cartello Motors CC v Styger (054884/2023) [2024] ZAGPPHC 1247 (2 December 2024)
The court granted a punitive costs order after the respondent disposed of disputed property during litigation, frustrating the applicant’s vindicatory claim.
Matshwene N.O and Another v ABSA Bank Limited and Others (18797/2021) [2024] ZAGPPHC 864 (27 August 2024)
The court set aside documents used in a fraudulent reverse mortgage scheme, held that ownership never passed from the Babirwa Trust, and ordered re-registration of the property.
JGK Engineering (Pty) Ltd v Quarry Master CC and Others (2022-62072) [2023] ZAGPJHC 16 (16 January 2023)
The High Court dismissed an urgent bid to stay executed ejectment warrants and granted the owners' counterapplication for eviction after unlawful re-entry.
Square Root Logistics (Pty) Ltd v Commissioner for the South African Revenue Services and Others (D2068/2022) [2022] ZAKZDHC 11 (28 February 2022)
The court held that the applicant failed to comply with the peremptory notice requirements of section 96 of the Customs and Excise Act, 1964. SARS acted in pursuance of the Act when attaching the vehicles, regardless of whether the vehicles belonged to the applicant or the tax-debtors. The applicant's argument that unlawful or mistaken attachment fell outside the scope of the Act was rejected. The court found that section 96 is a jurisdictional precondition, and absent compliance, it lacked jurisdiction to entertain the application. The urgency claimed by the applicant was not justified, and…
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Changing Tides 74 (Pty) Limited v Trade Properties Ventures No 131 CC and Another (2021/21686) [2021] ZAGPJHC 553 (15 September 2021)
The High Court dismissed an application claiming an oral sale of cranes and ownership transfer, finding material disputes of fact and no proof of delivery.
Ecsponent Investment Holdings (Pty) Ltd v Skratch Resources (Pty) Ltd and Another (95108/2015) [2017] ZAGPPHC 529 (11 August 2017)
The court dismissed an ownership claim over a chromite recovery plant, finding material disputes of fact and uncertainty about the plant’s identity and location.
Rigacraft CC v Ramachela and Another (6967/2014) [2015] ZAGPPHC 259 (8 May 2015)
The court found that the Brusson scheme constituted a fraudulent and simulated transaction, void ab initio for non-compliance with the National Credit Act and lack of genuine intention to transfer ownership. The purported transfers to investors and subsequent mortgage bond registrations were invalid, as the father never intended to transfer ownership and the investors never intended to acquire it. Consequently, the applicant, having acquired the property through a chain of void transactions, is not the true owner and cannot vindicate the property. The respondent and his family are not unlawfu…
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Van Der Burgh v Eskom Holdings Soc Limited (64002/2012) [2013] ZAGPPHC 526 (11 October 2013)
The High Court declared Eskom’s H-pole structures outside the servitude and ordered removal, while rejecting lis alibi pendens and breach-of-order arguments.
Wesbank a Division of Firstrand Bank Ltd v Electronics Bonds CC t/a SK Properties [2011] ZAWCHC 293; ; 6574/2011 (17 June 2011)
The High Court granted summary judgment to Wesbank for delivery up of a Toyota Hilux and costs, rejecting technical and National Credit Act defences.
Leketi v Tladi NO and Others (117/2009) [2010] ZASCA 38; [2010] 3 All SA 519 (SCA) (30 March 2010)
The SCA held that a claim to recover property was prescribed. The appellant could have learned the necessary facts earlier by exercising reasonable care.
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