PVL3701 Assignment 1 Semester 2 |COMPLETE ANSWERS|– Due August 2025

PVL3701
Assignment 1

Semester 2
Due August 2025

, ASSIGNMENT 1

SEMESTER 2 2025

Question 1

The correct remedy that Evergreen Printing Company would use is the rei vindicatio,
which is available to an owner who wishes to reclaim his or her property from someone
who is in possession of it without legal justification (S Scott, Property Law Study Guide
(PVL301) (Department of Private Law Unisa, 2016) 112).

For Mr Mboweni’s company to succeed with the rei vindicatio, it must prove three
essential elements:

1. Ownership – Evergreen Printing must prove that it is the owner of the printing
machine and the compressor. In this case, Mr Mboweni purchased them for the
company, so ownership vests in Evergreen Printing.

2. Identification of the property – The printing machine and compressor must be
clearly identified as the same property owned by Evergreen Printing (Scott,
Property Law Study Guide 112).

3. Possession by the defendant without legal justification – Evergreen must
prove that Mr Viljoen’s company currently possesses the items without a lawful
right. The lease agreement expired, meaning any consent to possess them
ended (Scott, Property Law Study Guide 113).

In USS Graphics (Pty) Ltd v Urban Print Factory (Pty) Ltd (30921/2019) [2023]
ZAGPJHC 138 para 24, the court confirmed that the rei vindicatio can be used to
reclaim property unlawfully retained after a lawful agreement has ended.

Applying this to the facts: Evergreen Printing is the owner, the items can be identified,
and USS Graphics is in unlawful possession since the lease expired. Therefore,
Evergreen Printing would likely succeed in a rei vindicatio claim.

Question 2


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