PVL3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE August 2025

, PVL3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE August 2025; 100% TRUSTED
Complete, trusted solutions and explanations.

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)

Yes — Evergreen Printing can use the rei vindicatio (vindication action)
to reclaim the printing machine and compressor from Mr Viljoen’s
garage if it can prove the legal requirements for vindication.



1. Nature of the right involved

 Ownership = a real right (Study Unit 2).
 It is the most complete right one can have over a thing (Study Unit
3).
 As the owner, Evergreen Printing can protect its right with the rei
vindicatio.
 In the USS Graphics (Pty) Ltd judgment, the court confirmed that
an owner can claim possession from whoever unlawfully holds
their property — even if the item is attached to another’s
immovable property, provided it hasn’t legally become part of that
property.



2. What Evergreen must prove in court
According to the Study Guide and case law:

1. Ownership of the thing.