This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
This judgment concerns an application for leave to appeal in the Gauteng Division, Pretoria. The court said the leave to appeal application was to be considered under section 17(1)(a)(i) and (ii) of the Superior Courts Act and referred to the higher threshold for leave to appeal. The court also recorded that the applicant’s case was based on the rei vindicatio and the actio ad exhibendum, and that both require proof of ownership. It dismissed the application for leave to appeal with costs.
This may be relevant to leave to appeal applications and disputes about cession, standing, ownership, and the rei vindicatio.
Evidence from source
This is an application for leave to appeal by Applicant against the order which I made on 23 June 2025.
Supports: Summary sentence 1
The cause of action disclosed by Applicant in the founding papers was premised on the rei vindicatio and the actio ad exhibendum . Both actions require proof of ownership.
Supports: Summary sentence 2