How do you claim your property that is in the hands of another?
If anyone takes away your property without your consent, you can use a legal remedy known as rei vindicatio. The owner of property has the power to recover his property from anyone in the whole world. You can make use of this whenever someone has possession of your property without your consent.
For example, say you are away and someone decides to sell your house or vehicle, you can use this procedure to claim your property from the innocent person who bought it. All you need to prove to succeed is to show that you are the owner of the property in dispute and that you do not consent to the dispossession.
The other person from whom you are claiming your property will have to defend themselves by showing the Court that they are legally possessing your property by saying for example;
They have your house because the two of you signed a lease agreement that hasn’t expired.Or say that they are holding on to your vehicle as security for a debt.
If a person fails to satisfy the Court that they are legally holding on to your property, the Court will order that the property be returned to you immediately. Rei Vindicatio is a complex process, therefore a lawyer must always be engaged.
By its nature “ownership” presupposes that the property must normally be with the owner. It follows that no other person may withhold it from the owner illegally.
This remedy applies in respect of anything that can be described as “property” even intellectual property rights like patents etc.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share insights into the law. The language and content are simplified to give the reader a digest of complex legal issues. For more information contact 0783475020 or email simonflemming1@gmail.com.
The Legal Digest 