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South Africa Case Law

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Civil Procedure [2022] ZAGPJHC 850

Santam Limited v T K T Towing (PTY) Ltd (22/2151)

Santam Limited v T K T Towing (PTY) Ltd (22/2151) [2022] ZAGPJHC 850 (31 October 2022)

The High Court refused to order release of a vehicle where the applicant’s proposed security was inadequate and material disputes of fact could not be resolved on affidavit.

  • Lien
  • Adequate Security
  • Release Of Property
  • Dispute Of Fact
  • Attorneys Trust Account
  • Adequate-security
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Civil Procedure [2013] ZAGPPHC 15

Absa Bank Ltd v Storm and Another (67427/2011)

Absa Bank Ltd v Storm and Another (67427/2011) [2013] ZAGPPHC 15 (1 February 2013)

The court held that the bank’s tender and guarantee were adequate security to replace a repairer’s lien over a vehicle, and ordered its return with VAT added.

  • Lien
  • Adequate Security
  • Instalment Sale Agreement
  • Right Of Retention
  • Repairer S Lien
  • Storage Fees
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.