PVL3701
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Question 1
Mr Mboweni’s Evergreen Printing Company may vindicate the printing machine and
compressor from Mr Viljoen’s garage if it can satisfy the requirements of the rei
vindicatio. This is the appropriate remedy in South African law used by an owner to
reclaim possession of their property from someone who is unlawfully in possession
thereof (Scott, Property Law Study Guide 90).
To succeed with the rei vindicatio, Evergreen must prove the following:
1. That it is the owner of the printing machine and compressor.
2. That the items are still identifiable and exist in their original form.
3. That Mr Viljoen or USS Graphics is in unlawful possession of these items
(Scott, Property Law Study Guide 91).
Ownership is a real right, enforceable against the whole world. In the USS Graphics
(Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others (30921/2019)
[2023] ZAGPJHC 138 para 10), the court confirmed that the owner may claim his
property wherever it is, even if the object has been attached to immovable property,
provided it has not legally acceded.
Therefore, if Evergreen can show that it remains the owner, that the items have not
acceded to the immovable property, and that possession is being withheld unlawfully,
the vindicatory claim should succeed.
Question 2
The most likely legal route Mr Viljoen could rely on is the accession doctrine. He may
argue that the printing machine and compressor have permanently acceded to the
ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: AUGUST 2025
, Question 1
Mr Mboweni’s Evergreen Printing Company may vindicate the printing machine and
compressor from Mr Viljoen’s garage if it can satisfy the requirements of the rei
vindicatio. This is the appropriate remedy in South African law used by an owner to
reclaim possession of their property from someone who is unlawfully in possession
thereof (Scott, Property Law Study Guide 90).
To succeed with the rei vindicatio, Evergreen must prove the following:
1. That it is the owner of the printing machine and compressor.
2. That the items are still identifiable and exist in their original form.
3. That Mr Viljoen or USS Graphics is in unlawful possession of these items
(Scott, Property Law Study Guide 91).
Ownership is a real right, enforceable against the whole world. In the USS Graphics
(Pty) Ltd and Others v Urban Print Factory (Pty) Ltd and Others (30921/2019)
[2023] ZAGPJHC 138 para 10), the court confirmed that the owner may claim his
property wherever it is, even if the object has been attached to immovable property,
provided it has not legally acceded.
Therefore, if Evergreen can show that it remains the owner, that the items have not
acceded to the immovable property, and that possession is being withheld unlawfully,
the vindicatory claim should succeed.
Question 2
The most likely legal route Mr Viljoen could rely on is the accession doctrine. He may
argue that the printing machine and compressor have permanently acceded to the
