Rei vindicatio is a remedy aimed at restoring physical
control of property to the owner. The basis of such a remedy is
ownership. In order to successfully invoke this remedy, the
following three requirements must be met:
- The person invoking the remedy must be the owner of the
item;
- The item was in the possession of the other party at the
commencement of the proceedings; and
- The vindicated item is still in existence and is clearly
identifiable.
The Supreme Court of appeal, in the judgment of Ronel Noleen
Smit v Calvin Kleinhans dealt with the issue of whether Ms
Smit could invoke the remedy of rei vindicatio to claim
return of a vehicle.
Ms Smit and Mr Kleinhans were in a romantic relationship. During
their relationship, Ms Smit concluded an instalment sale agreement
in terms of which she purchased a vehicle. Simultaneously with the
conclusion of this agreement, Ms Smit and Mr Kleinhans concluded an
oral agreement. The undisputed terms of the oral
