AGS van Suid-Afrika v Capes
Encyclopedia
Apostoliese Geloofsending van Suid-Afrika (Maitland Gemeente) v Capes is an important case in South Africa
n property
law, especially in respect of the application of estoppel
, in its limitation of the rei vindicatio
, to immovable property
. It was heard in the Cape Provincial Division by Friedman R from November 1, 1977
, to February 10, 1978
, with judgment handed down on May 12.
The case involved a boundary dispute. Apostoliese Geloofsending van Suid-Afrika (AGS), the owner of two lots, had built a wall between them, but not exactly on the boundary. It later sold one lot to "J," who in turn transferred it to Capes, the defendant. AGS then sought an order to demolish the wall, so as to make use of all the property, but Capes opposed the action, claiming estoppel. The court allowed the plea of estoppel to succeed, holding that it may be applied to claims involving immovable property.
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n property
South African property law
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law....
law, especially in respect of the application of estoppel
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
, in its limitation of the rei vindicatio
Rei vindicatio
Rei vindicatio is a legal action by which the plaintiff demands that the defendant return a thing that belongs to the plaintiff. It may only be used when plaintiff owns the thing, and the defendant is somehow impeding the plaintiff's possession of the thing...
, to immovable property
Immovable property
Immovable property is an immovable object, an item of property that cannot be moved without destroying or altering it - property that is fixed to the Earth, such as land or a house. In the United States it is also commercially and legally known as real estate and in Britain as property...
. It was heard in the Cape Provincial Division by Friedman R from November 1, 1977
1977 in South Africa
-February:*1 February - The Bantustan of KwaZulu is granted self-governance*24 February - A bomb explodes at the Daveyton Police Station, causing only superficial damage-April:...
, to February 10, 1978
1978 in South Africa
-January:* Former African National Congress member, Steve Mtshali who turned state witness in various trials is shot and wounded-February:* An unexploded bomb "capable of destroying a 22 storey building" is found in a Johannesburg office block and defused...
, with judgment handed down on May 12.
The case involved a boundary dispute. Apostoliese Geloofsending van Suid-Afrika (AGS), the owner of two lots, had built a wall between them, but not exactly on the boundary. It later sold one lot to "J," who in turn transferred it to Capes, the defendant. AGS then sought an order to demolish the wall, so as to make use of all the property, but Capes opposed the action, claiming estoppel. The court allowed the plea of estoppel to succeed, holding that it may be applied to claims involving immovable property.