Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Nedbank Limited v Abandoned Vehicle and Truck Solutions (Pty) Ltd and Others (074260/2023) [2025] ZAGPPHC 744 (22 July 2025)
The High Court varied an earlier order, confirmed that enrichment liens over motor vehicles cannot be ceded or sold, and ordered surrender of listed vehicles.
Abrahams and Others v De Wet (Appeal) (A249/2024) [2025] ZAWCHC 187 (30 April 2025)
The High Court dismissed an appeal against an eviction order, holding that the appellants failed to prove a valid enrichment lien or lawful possession.
Passano v Erasmus (A163/2023) [2025] ZAGPPHC 249 (12 March 2025)
The High Court held that the respondent’s enrichment lien over improvements to a house on the property was a real right and a lawful defence to eviction.
Aposroliese Geloof Sending Van Suid Afrika v Chayah Investments (Pty) Ltd (2023/112776) [2024] ZAGPJHC 673 (26 July 2024)
The High Court granted ejectment against an occupier after a failed property sale, holding unresolved restitution issues did not bar eviction and no enrichment lien was shown.
Bondev Midrand (Pty) Ltd v Van Blerk and Others (909/2014) [2024] ZAGPPHC 704 (12 July 2024)
The court found that Bondev's right to claim retransfer of the property under condition B had prescribed on 26 December 2010, as it was a personal right constituting a debt under the Prescription Act, and no valid extension of the prescriptive period occurred. Consequently, Bondev could not enforce retransfer. However, Bondev established a claim for restitution based on enrichment, as it had paid the original purchase price and transfer expenses without legal ground. The court held that Bondev was entitled to payment of R390,000.00 from Van Blerk before cancellation of the title deed and rest…
Source excerpt
Wacom (Pty) Ltd v Anchor Holdings 1983 (Pty) Ltd and Another (17483/2023P) [2024] ZAKZPHC 127 (28 February 2024)
The court found the application urgent, as the applicant acted promptly following the first respondent's refusal to release the property and attempted to resolve the matter before litigation. The applicant proved ownership of the property, as the first respondent did not seriously dispute this in any exchanges. The first respondent, as a warehouse operator, incurred necessary expenses for the preservation and protection of the property, entitling it to an enrichment lien in the form of a salvage lien. The applicant was aware of the payment dispute and continued to require services from the fi…
Source excerpt
Pirija N.O and Another v Roos and Others (M420/2020) [2024] ZANWHC 15 (31 January 2024)
The court found that the applicants, as trustees of the Mahemsrus Trust, are the lawful owners of the property and have locus standi to bring the eviction application. The respondents’ occupation was without the consent of the trustees and thus unlawful. The first respondent’s claim to a lien was rejected as the improvements were not consented to by the property owner, and the alleged enrichment did not confer a right to remain. The ESTA was found not to apply to the respondents except for Papu, who occupied the property as a worker under Meyer; all other respondents did not qualify as occupi…
Source excerpt
Dira and Further Occupiers v Moodley and Another (009780/2022) [2023] ZAGPJHC 1379 (10 November 2023)
The High Court granted condonation for a late leave-to-appeal application but dismissed leave to appeal against an eviction order, finding no arguable enrichment-lien basis.
Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022-008554) [2023] ZAGPPHC 1168 (11 September 2023)
The High Court held that a towing company failed to prove a salvage lien over two vehicles and ordered them returned to the owner.
Moodley and Another v Dira and Others (9780/2022) [2023] ZAGPJHC 721 (22 June 2023)
The High Court granted an eviction order. The occupiers failed to show a valid enrichment lien or sufficient grounds to delay eviction on equitable or homelessness grounds.
Explore more
