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South Africa decisions
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Horn v Ovofield (Pty) Ltd (2986/2024) [2025] ZAECQBHC 7 (20 March 2025)
The High Court granted substituted security for a builder’s lien and ordered restoration of possession to the applicant, with costs on the High Court scale.
Lead Engineering and Projects (Pty) Ltd v Swe Repco SA (Pty) Ltd and Others (16567/2022) [2023] ZAWCHC 77 (18 April 2023)
Urgent spoliation and lien relief was refused after the court found the contractor’s access was contract-based and lawfully ended under the subcontract.
Real Refreshments Supplier (Pty) Ltd v Ngubane and Others (14910/2019) [2019] ZAGPPHC 120 (4 April 2019)
The court found that the applicant failed to establish locus standi, as there was insufficient evidence that the rights and obligations under the building contract were ceded from Drickus Crous Construction (Pty) Ltd to Real Refreshments Supplier (Pty) Ltd. Even if locus standi were accepted, the applicant did not prove on a balance of probabilities that it was in peaceful and undisturbed possession of the stand at the relevant time. The evidence, including a site inspection report and confirmatory affidavit, indicated that the applicant had abandoned the site and was not in possession when t…
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Scenic Route Trading 502 CC v Sigauke and Another (73328/17) [2018] ZAGPPHC 359 (11 May 2018)
The High Court dismissed a spoliation application by a builder who failed to prove exclusive possession of the property and was ordered to pay attorney-and-client costs.
G. Liviero & Son Building (Pty) Ltd v Sundowner Property Development (Pty) Ltd (49/11) [2011] ZASCA 217; [2012] 2 All SA 43 (SCA) (29 November 2011)
The Supreme Court of Appeal held that an employer was not barred from court by the contract’s arbitration clause, and that only part of a counterclaim was res judicata.
Trustees for the time being of the Body Corporate of the Sectional Title Scheme known as Tygerfalls Villas II and Others v JLK Projects and Construction (Pty) Ltd and Another (20387/10) [2011] ZAWCHC 375 (24 August 2011)
The court found that the Body Corporate and its trustees were properly authorised to institute proceedings, both prospectively and retrospectively, by resolutions passed in 2008 and 2010. There was no genuine dispute of fact requiring referral to oral evidence, as First Respondent's version regarding indefinite occupation was untenable. No contractual relationship existed between Applicants and First Respondent, and any permission to occupy was limited to a reasonable period for remedial work. The court held that First Respondent did not have a valid builder's lien, as there was no underlying…
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Wightman t/a J W Construction v Headfour (Pty) Ltd and Another (66/2007) [2008] ZASCA 6; [2008] 2 All SA 512 (SCA); 2008 (3) SA 371 (SCA) (10 March 2008)
The Supreme Court of Appeal held that the respondents failed to raise bona fide disputes of fact and that the appellant had been unlawfully despoiled.
Standard Bank of South Africa Limited v D Florentino Construction CC and Others (1416/2007) [2008] ZAWCHC 46; 2008 (5) SA 534 (C) (18 February 2008)
A bank asked the High Court to make a builder with a retention lien hand over property to an executor, subject to preserving the builder’s security rights.
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