The Applicant brough a rei vindicatio ap...

Asked by PBudhu on 07-07-2021 13:41:05
Question posted in the Property Law category relating to Gauteng

The Applicant brough a rei vindicatio application. The Respondent agreed to comply and the court ordered the application with costs. The Respondent made the items requested in the court available for collection, however, the items were fake and were made to look like the items described in the prayer. 

1. Does the Applicant have a remedy? 

2. Is it contempt of court? 

3. Is it a misleading and fraudulent attempt in complying with the court order? 

Answer to the Question

Posted by Att. Patrick on 10-07-2021 14:30:04

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

If the respondent never complied with the court order because the items were fake, then yes. It would be contempt of court.

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.