South Africa Case Law

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510)

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510) [2025] ZAWCHC 286 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/080510

Judge

P. S. Van Zyl

The court found the respondents' postponement application to be lacking in bona fides, unsupported by adequate explanation, and indicative of a tactical delay. The applicant had tendered sufficient substituted security for the alleged builder's lien, which exceeded the amount claimed and was held in attorneys' trust. The respondents failed to commence arbitration or provide any substantive defence. The applicant, as owner, was entitled to possession and access to the property, especially given the risks and responsibilities following transfer. The court exercised its discretion to grant urgen…

Source excerpt

• Builders Lien
• Substituted Security
• Urgent Interdict
• Arbitration Clause
• Rei Vindicatio

Penthouse Holdings (Pty) Ltd v Naidoo (120617/2023)

Penthouse Holdings (Pty) Ltd v Naidoo (120617/2023) [2023] ZAGPPHC 1996 (4 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

120617/2023

Judge

Ngalwana

An urgent application for an anti-spoliation order was struck off the roll because the alleged builder’s lien was disputed and urgency was not established.

• Anti Spoliation Order
• Builders Lien
• Urgency
• Motion Proceedings
• Anti-spoliation-order
• Builders-lien

GD Irons Construction Proprietary Limited v Thumos Properties (Pty) Ltd and Others (35401/2013)

GD Irons Construction Proprietary Limited v Thumos Properties (Pty) Ltd and Others (35401/2013) [2022] ZAGPPHC 268 (25 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

35401/2013

Judge

Neukircher

The court found that the totality of the evidence, including documentary and witness testimony, established that Capicol 1 (Pty) Ltd was the true employer under the Principal Building Agreement. The reflection of Capicol (Pty) Ltd as employer was a bona fide common mistake. The conduct of the parties, subsequent documentation, and the defendants' own admissions supported rectification. The requirements for rectification were met, and the plaintiff was entitled to judgment against the second defendant for the outstanding balance and interest. The amounts paid under the first six payment certif…

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• Rectification Of Contract
• Principal Building Agreement
• Default Interest
• Business Rescue
• Common Mistake
• Builders Lien

Ibhubhezi Powerlines CC v Udumo Trading 26 (Pty) Ltd and Another (5011/2015, 283/2016)

Ibhubhezi Powerlines CC v Udumo Trading 26 (Pty) Ltd and Another (5011/2015, 283/2016) [2016] ZAECGHC 72 (8 September 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

5011/2015, 283/2016

Judge

M.J Lowe

The High Court dismissed a spoliation application over an overhead power line, holding the applicant lacked possession and could not assert a lien against Eskom.

• Mandament Van Spolie
• Builders Lien
• Subcontractor Rights
• Contractual Nexus
• Electricity Regulation
• Declaratory Relief

M C Pieterse Construction CC t/a CMR Construction v Faulhaber (32100/2011)

M C Pieterse Construction CC t/a CMR Construction v Faulhaber (32100/2011) [2013] ZAGPJHC 8 (25 January 2013)

Court

South Gauteng High Court, Johannesburg

Case number

32100/2011

Judge

Moshidi

The court found that the applicant had established a prima facie right to the restoration of security for costs, as the security was originally paid in substitution for its builders' lien, which was relinquished to allow the respondent occupation of the property. The respondent's reliance on the Housing Consumers Protection Measures Act was misplaced, as the applicant was properly registered with the NHBRC and the relevant certificates were in place. The technical objections regarding locus standi and the validity of the contract were rejected, as the close corporation had a direct and substa…

Source excerpt

• Builders Lien
• Interim Interdict
• Housing Consumers Protection Measures Act
• Locus Standi
• Security For Costs