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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 21

Sheriff Bloemfontein West v Carospan (Pty) Ltd and Another (4587/2020)

Sheriff Bloemfontein West v Carospan (Pty) Ltd and Another (4587/2020) [2024] ZAFSHC 21 (30 January 2024)

Interpleader over attached household movables. The High Court held that Eileen Joubert failed to prove ownership, except for items 44 and 46, and costs followed her.

  • Interpleader
  • Presumption Of Ownership
  • Onus Of Proof
  • Movable Property Disputes
  • Balance Of Probabilities
  • Presumption-of-ownership
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Civil Procedure [2022] ZAECMHC 6

Lavelikhwezi Investments (Pty) Ltd and Others v Mzontsundu Trading (Pty) Ltd and Others (1043/2022)

Lavelikhwezi Investments (Pty) Ltd and Others v Mzontsundu Trading (Pty) Ltd and Others (1043/2022) [2022] ZAECMHC 6 (12 April 2022)

The High Court dismissed an urgent bid to suspend summary judgment and execution, finding no basis under rule 45A and awarding punitive costs. Relief for a third applicant’s goods was granted pending interpleader.

  • Stay Of Execution
  • Interdict
  • Rule 45a
  • Abuse Of Process
  • Costs De Bonis Propriis
  • Stay-of-execution
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Civil Procedure [2013] ZANCHC 17

Pieters v Klaasten and Another.doc (219/2013)

Pieters v Klaasten and Another.doc (219/2013) [2013] ZANCHC 17 (14 June 2013)

Application to stop the sale in execution of a vehicle dismissed because the applicant failed to show a clear or prima facie right and had no pending appeal.

  • Interpleader Proceedings
  • Final Interdict
  • Interlocutory Interdict
  • Ownership Dispute
  • Stay Of Execution
  • Interdict
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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.