South Africa Case Law

BAL Logistics (Pty) Ltd t/a African Logistic Service v Mpact Plastic Containers (Pty) Ltd and Another (Appeal) (15893/22)

BAL Logistics (Pty) Ltd t/a African Logistic Service v Mpact Plastic Containers (Pty) Ltd and Another (Appeal) (15893/22) [2025] ZAWCHC 231 (30 May 2025)

Court

Western Cape High Court, Cape Town

Case number

15893/22

Judges

Thulare, Pangarker, Elliott

Full court appeal about a contractual lien over imported goods. The court held the respondents had not proved ownership and ordered security for the full claimed amount.

• Contractual Lien
• Ownership Of Movables
• Urgent Interdict
• Security For Lien
• Rei Vindicatio
• Release Of Goods

Stephane Trading Import (Pty) Limited v Manica South Africa (Pty) Limited and Anothe (44594/2020)

Stephane Trading Import (Pty) Limited v Manica South Africa (Pty) Limited and Anothe (44594/2020) [2021] ZAGPJHC 14 (19 January 2021)

Court

South Gauteng High Court, Johannesburg

Case number

44594/2020

Judge

L R Adams

The applicant failed to disclose material facts and abused the ex parte urgent procedure. The contractual relationship between the parties was governed by Standard Trading Conditions that expressly permitted the first respondent to sell the goods by private treaty after giving notice, in the event of default. The applicant admitted its indebtedness and default, and the first respondent exercised its contractual rights lawfully. The applicant was not entitled to an interdict, and the ex parte order was set aside on the merits. Costs were awarded against the applicant in line with the general r…

Source excerpt

• Urgent Interdict
• Ex Parte Orders
• Standard Trading Conditions
• Parate Executie
• Contractual Lien

Pipe Jack Gauteng (Pty) Ltd v JVZ Construction CC (23518/11)

Pipe Jack Gauteng (Pty) Ltd v JVZ Construction CC (23518/11) [2011] ZAWCHC 567 (28 November 2011)

Court

Western Cape High Court, Cape Town

Case number

23518/11

Judge

Weinkove

An urgent spoliation application succeeded after the applicant was forcibly removed from a pipe-jacking site while exercising a lien over the works.

• Mandament Van Spolie
• Contractual Lien
• Urgent Interdict
• Joinder Of Parties
• Mandament-van-spolie
• Construction-law