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South Africa decisions
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Somika SARL v Saarthy Proprietary Limited (2020/24081) [2020] ZAGPJHC 398 (23 December 2020)
The High Court granted urgent relief compelling amendment and delivery of a bill of lading and related shipping documents, rejecting the respondent’s contractual defence.
Lykes Lines Ltd, LCC v Vereeniging Meat Packers (Pty) Ltd (279/2012) [2013] ZASCA 18 (20 March 2013)
The Supreme Court of Appeal dismissed a shipping line’s claim for the value of a lost container because it failed to prove it actually suffered recoverable loss.
Section 27 Ridgeprop CC t/a Tile Distributers SA v Sharaf Cargo (Pty) Ltd (12622/08) [2009] ZAKZDHC 39 (19 May 2009)
The court found that the respondent was entitled to exercise a general lien over the Bill of Lading and the goods in terms of clause 38 of the Standard Trading Terms and Conditions, as monies were due from the applicant. The applicant's reliance on section 34 of the Constitution was rejected, as the contract required payment before any claim could be instituted. The goods were handled by the respondent on behalf of the applicant, and the Bill of Lading constituted 'goods' under the contract. The respondent did not dispose of the goods, as they were stored at Safmarine Containers Terminal and…
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