Facts Thokozani studied animal science at the University of Pretoria and after graduating, returned to his family in the KwaZulu-Natal Midlands where he took over the family's humble cattle herd. He began breeding with Nguni cattle and pretty soon acquired a reputation as one of the leading breeders of Nguni cattle in South Africa. He became so successful that his own land became too small for his herd and he decided to rent the adjacent land from his cousin, Phumuzu. Thokozani was particularly proud when he managed to breed a massive stud bull which he called Inkosinkomo. One day Phumuzu arrived all excited at Thokozani's home and told him of the big KZN Farmers' show where champion animals in various categories would be selected from the exhibiters. In particular, the owner of the champion show bull stood to win R500,000. Phumuzu wanted to enter Inkosinkomo, but the rules of the show made it clear that only the lawful owner of an animal could exhibit that animal at the show. Thokozani was not interested in going to a "Boeremark". Phumuzu then persuaded Thokozani to let him enter Inkosinkomo in the show. To do so, Phumuzu and Thokozani agreed that they would pretend to enter into a contract of sale in which Thokozani appears to sell Inkosinkomo to Phumuzu for the sole purpose of allowing Phumuzu to enter Inkosinkomo in the show. After the show, Phumuzu would return Inkosinkomo to Thokozani and they would share any prize money which Inkosinkomo may win. Phumuzu presented a fake contract of sale and fake receipt which Thokozani signed and Phumuzu took possession of Inkosinkomo. In the meantime, Sibongile, Phumuzu's girlfriend informed him that she is pregnant. Phumuzu, faced with the prospect of having to pay Inhlawulo to Sibongile's family, takes Inkosinkomo and offers it for sale to James, a commercial farmer. James is at first sceptical, but when Phumuzu produces the contract of sale and receipt for the payment of the purchase price, James agrees to purchase Inkosinkomo for an amount of R50,000. When Thokozani learns what has happened with Inkosinkomo, he is furious. He seeks legal advice and decides to institute legal proceedings to recover Inkosinkomo from James with a rei vindicatio.

Question 1 (15 marks)

James approaches you for legal advice. Explain on what basis you would oppose the rei vindicatio instituted by Thokozani. [15]

Question 2 (15 marks)

Suppose that Thokozani fails in his bid to recover Inkosinkomo from James. Apply the generic requirements for enrichment liability and discuss whether these requirements are satisfied so that Thokozani can recover the purchase price which James had paid for Inkosinkomo from Phumuzu. [15]

Question 3 (10 marks)

Suppose that all the generic requirements for enrichment liability are satisfied, explain which specific enrichment action(s) Thokozani can institute to recover the purchase price which James had paid for Inkosinkomo from Phumuzu. [10]

Question 4 (5 marks)

Suppose that Thokozani succeeds with the rei vindicatio against James. While James had Inkosinkomo on his farm, he spent R10,000 on special feed and veterinary costs to ensure that Inkosinkomo remained in pristine shape. Can James recover any of these expenses from Thokozani? [5]

Question 5 (5 marks) Suppose that Thokozani succeeds with the rei vindicatio against James. Can James recover the purchase price which James had paid for Inkosinkomo from Phumuzu? [5]