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South Africa Case Law

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Land And Property [2021] ZASCA 77

Blendrite (Pty) Ltd and Another v Moonisami and Another (227/2020)

Blendrite (Pty) Ltd and Another v Moonisami and Another (227/2020) [2021] ZASCA 77; 2021 (5) SA 61 (SCA); [2021] HIPR 172 (SCA) (10 June 2021)

Court
Supreme Court of Appeal
Case number
227/2020
Judges
Navsa, Mocumie, Dlodlo, Ledwaba, Gorven

The Supreme Court of Appeal held that the respondent's prior access to the server and email address did not constitute quasi-possession of incorporeal property protectable by the mandament van spolie. The use of the server and email address was not an incident of possession of any corporeal property, nor did it arise from a servitude. Instead, any entitlement to such access was a personal right, possibly arising from the respondent's contested directorship or contractual relationship with Blendrite. The court found no basis to distinguish this matter from Telkom SA v Xsinet, which held that p…

Source excerpt

  • Mandament Van Spolie
  • Quasi Possession
  • Spoliation Order
  • Incorporeal Property
  • Servitude
  • Specific Performance
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Civil Procedure [2005] ZALC 38

Taylor v Vilancula and Others (J4324/99)

Taylor v Vilancula and Others (J4324/99) [2005] ZALC 38; (2005) 26 ILJ 145 (LC) (19 January 2005)

Court
Labour Court
Case number
J4324/99
Judge
Waglay

The court found that the sheriff failed to comply with Rule 45 of the High Court Rules by not demanding satisfaction of the writ from the applicant and not notifying her of the attachment of her incorporeal property. This procedural non-compliance rendered the attachment and subsequent sale invalid. Furthermore, the court held that maintenance claims, even if accrued, are so personal in nature that they cannot be attached, sold, or ceded in execution proceedings. The court was not satisfied that the maintenance claim, whether due or not, could be deprived from the applicant and her children t…

Source excerpt

  • Writ Of Execution
  • Attachment Of Property
  • Maintenance Claim
  • Incorporeal Property
  • Personal Rights
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.