South Africa Case Law

Ranthako N.O v Chelin (17108/2022)

Ranthako N.O v Chelin (17108/2022) [2023] ZAGPPHC 1905 (17 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

17108/2022

Judge

Millar

The court found that the respondent was entitled to exercise a contractual lien over the horses for unpaid stabling and upkeep fees, but that this lien did not extend to the horse passports. The passports, while necessary for competitions and transport, do not constitute possession or control of the horses themselves. Once the respondent relinquished possession of two horses, Valentia and Lux, she lost her lien over them and should have delivered their passports to the applicant. In respect of Volare, the respondent retained possession and control, but the ongoing costs and diminishing value…

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• Debtor Creditor Lien
• Vindication
• Security For Debt
• Delivery Of Property

Cape Peninsula University of Technology v Ma-Afrika Hotels (Pty) Ltd - Counter-Application (4899/23)

Cape Peninsula University of Technology v Ma-Afrika Hotels (Pty) Ltd - Counter-Application (4899/23) [2023] ZAWCHC 276 (10 November 2023)

Court

Western Cape High Court, Cape Town

Case number

4899/23

Judge

Holderness

The High Court found CPUT’s urgent counter-application for eviction persuasive, holding that Ma-Afrika’s lien-based possession was defeated by a tendered bank guarantee.

• Rei Vindicatio
• Urgent Eviction
• Debtor Creditor Lien
• Security For Costs
• Right Of Retention
• Bank Guarantee

Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022/008554)

Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022/008554) [2023] ZAGPPHC 1186 (2 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/008554

Judge

E van der Schyff

The applicant established locus standi through ownership and undisputed possession of the vehicles. The respondent failed to prove that towing and storage were necessary for the preservation of the vehicles, as no evidence was presented that the vehicles were at risk of damage or loss prior to removal. The mere presence of security measures at the respondent's premises does not render storage necessary for preservation. The respondent's contractual arrangements were with the drivers, not the owner, and the respondent did not demonstrate that the applicant was unjustly enriched. Consequently,…

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• Rei Vindicatio
• Salvage Lien
• Enrichment Liability
• Debtor Creditor Lien
• Locus Standi
• Necessary Expenses

Diageo South Africa (Pty) Ltd v TTG Communications Group (Pty) Ltd (027069/23)

Diageo South Africa (Pty) Ltd v TTG Communications Group (Pty) Ltd (027069/23) [2023] ZAGPJHC 344; 2023 BIP 12 (GJ) (17 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

027069/23

Judge

EF Dippenaar

The High Court granted an urgent final interdict ordering return of creative assets after termination of the services agreement and rejected the respondent’s claimed lien.

• Specific Performance
• Debtor Creditor Lien
• Contractual Interpretation
• Intellectual Property Ownership
• Urgent Interdict
• Attorney Client Costs

Gatter v Grand Tech Auto (PTY) Limited t/a Grand Tech Auto Body and Another (2021/47581)

Gatter v Grand Tech Auto (PTY) Limited t/a Grand Tech Auto Body and Another (2021/47581) [2022] ZAGPJHC 523 (8 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47581

Judge

Gilbert

The court found that the respondents failed to establish any agreement or enrichment entitling them to storage costs, and that their right of retention did not extend to such costs. The applicant was entitled to the release of her vehicle upon payment of the admitted repair amount and the provision of substitute security for the disputed balance. The respondents' claim for a money judgment based on compromise was rejected, as any tender made by the applicant had lapsed by the time the respondents purported to accept it. The court exercised its discretion to order the release of the vehicle, s…

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• Right Of Retention
• Substituted Security
• Debtor Creditor Lien
• Unjustified Enrichment
• Compromise Settlement
• Motor Vehicle Repairs

Steenkamp v Bradbury's Commercial Auto Body CC (2882/2019)

Steenkamp v Bradbury's Commercial Auto Body CC (2882/2019) [2020] ZALMPPHC 9 (23 January 2020)

Court

Limpopo High Court, Polokwane

Case number

2882/2019

Judge

EM Makgoba

The High Court held that a panel beater’s lien was lost when it voluntarily released a repaired vehicle and was not revived when the vehicle later returned for warranty work.

• Right Of Retention
• Debtor Creditor Lien
• Enrichment Lien
• Storage Costs
• Release Of Property
• Lien

Davis and Another v Purple Fountain Properties 118 (Pty) Ltd (08/36380, 30457/15)

Davis and Another v Purple Fountain Properties 118 (Pty) Ltd (08/36380, 30457/15) [2016] ZAGPJHC 198 (28 July 2016)

Court

South Gauteng High Court, Johannesburg

Case number

08/36380, 30457/15

Judge

Vally

The High Court ordered eviction after finding the respondent failed to prove a valid lien over Portion 11 and could not retain possession as security.

• Eviction
• Lien
• Rei Vindicatio
• Enrichment
• Debtor Creditor Lien
• Rei-vindicatio