ASSIGNMENT 1
DUE DATE: 31 AUGUST 2025
, PVL3701 Assignment 1 2025
SEMESTER 2 2025
DUE 31 AUGUST 2025
Before you answer questions 1-3 of this assignment, read Study Units 1-4 and 6 very
carefully. Also, read USS Graphics (Pty) Ltd and Others v Urban Print Factory (Pty) Ltd
and Others (30921/2019) [2023] ZAGPJHC 138 (14 February 2023).
Do not use footnotes. Make use of in-text citation in brackets.
Question 1
Would Mr Mboweni’s Evergreen Printing Company be able to vindicate the
printing machine and compressor from Mr Viljoen’s garage, and what must it
prove to succeed in court? In your answer, refer to the Study Guide and the USS
Graphics (Pty) Ltd case.
Mr Mboweni, as the owner of the printing machine and compressor, can rely on the rei
vindicatio to recover the property from Mr Viljoen’s garage. The rei vindicatio is a real
remedy that protects ownership as a real right (Scott, Property Law Study Guide 40).
Evergreen Printing must prove three elements
That it is the owner of the machine and compressor;
That the items are in Mr Viljoen’s possession without its consent;
That the items are still in existence and identifiable (Scott, Property Law Study Guide
52).