, PVL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
Background Information:
Evergreen Printing, a company owned by Mr Mboweni, is the owner of a
lithographic printing machine and a compressor that weighs 150 tons.
USS Graphics, a company owned by Mr Viljoen, entered into a two-year lease
agreement with Evergreen Printing to use the printing machine and compressor at
Mr Viljoen’s house. Both men have a long-standing relationship through the
printing industry.
USS Graphics operates from Mr Viljoen’s garage (an immovable thing), with
permission from the local authority. To operate optimally, the printing machine
and compressor were affixed to the floor and walls.
After two years, the lease agreement expired and was not renewed. However, USS
Graphics continued using the machine and compressor. Evergreen Printing, which
was losing revenue, demanded the return of the equipment. Mr Viljoen refused,
claiming the equipment now belonged to his company.
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.
[5 marks]
1. Whether Evergreen Printing can vindicate the equipment
Yes, Mr Mboweni’s Evergreen Printing Company can vindicate the
printing machine and compressor from Mr Viljoen (USS Graphics). This
legal remedy is known as the rei vindicatio, which is available to an
owner of movable or immovable property to reclaim it from a person
who is in possession of it without lawful right.
August 2025; 100% CORRECT AND TRUSTED SOLUTIONS
Background Information:
Evergreen Printing, a company owned by Mr Mboweni, is the owner of a
lithographic printing machine and a compressor that weighs 150 tons.
USS Graphics, a company owned by Mr Viljoen, entered into a two-year lease
agreement with Evergreen Printing to use the printing machine and compressor at
Mr Viljoen’s house. Both men have a long-standing relationship through the
printing industry.
USS Graphics operates from Mr Viljoen’s garage (an immovable thing), with
permission from the local authority. To operate optimally, the printing machine
and compressor were affixed to the floor and walls.
After two years, the lease agreement expired and was not renewed. However, USS
Graphics continued using the machine and compressor. Evergreen Printing, which
was losing revenue, demanded the return of the equipment. Mr Viljoen refused,
claiming the equipment now belonged to his company.
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.
[5 marks]
1. Whether Evergreen Printing can vindicate the equipment
Yes, Mr Mboweni’s Evergreen Printing Company can vindicate the
printing machine and compressor from Mr Viljoen (USS Graphics). This
legal remedy is known as the rei vindicatio, which is available to an
owner of movable or immovable property to reclaim it from a person
who is in possession of it without lawful right.
