animo et facto

Literal translation

by intention and by act

Legal meaning

This phrase indicates that a legal consequence is established through both a mental element and an outward act. In South African law it is commonly used where intention must be accompanied by conduct showing implementation, acquisition, abandonment, or completion of the relevant legal state. The expression is especially encountered in property and possession contexts, where both the requisite animus and factual control or conduct must be shown.

Examples

• Possession is often described as requiring control animo et facto.
• Abandonment of possession must be shown animo et facto, not by intention alone.
• The court considered whether the respondent had resumed control animo et facto.

• 🇿🇼 Juliet Chikwenengere v George Chikwenengere
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