Semester 2 2025 – DUE August 2025; 100% correct
solutions and explanations.
Question 1
Yes, Evergreen Printing Company (owned by Mr Mboweni) would
be able to vindicate (reclaim) the printing machine and compressor
from Mr Viljoen’s garage provided that it can meet the
requirements for the rei vindicatio remedy.
1. Correct Legal Remedy: Rei Vindicatio
The appropriate legal remedy available to Evergreen Printing is the
rei vindicatio, a real remedy used to recover possession of a
corporeal movable or immovable thing from someone who
possesses it unlawfully. It is a real action aimed at enforcing a real
right—specifically, the right of ownership.
According to Study Unit 6, the rei vindicatio may be instituted by
the owner against any person who is in possession of the owner's
property without consent or legal justification.
In the USS Graphics (Pty) Ltd and Others v Urban Print
Factory (Pty) Ltd and Others [2023] ZAGPJHC 138 case, the
Johannesburg High Court dealt precisely with a matter involving
movable property installed in an immovable structure and whether
the original owner could reclaim it through rei vindicatio. The court
ruled that the rightful owner was entitled to reclaim possession of
the property that had not acceded to the immovable property and
still retained its identity.