South Africa Case Law

Mcmurray and Others v Heat Pump International (Pty) Ltd and Others (18501/2022)

Mcmurray and Others v Heat Pump International (Pty) Ltd and Others (18501/2022) [2023] ZAWCHC 123 (26 May 2023)

Court

Western Cape High Court, Cape Town

Case number

18501/2022

Judge

Mantame

The court dismissed a trust’s declaratory application over auction proceeds, finding the settlement agreement a nullity against a liquidated company and ordering payment to liquidators.

• Landlords Tacit Hypothec
• Settlement Agreement Validity
• Liquidation And Concursus Creditorium
• Surety Liability
• Disposition After Winding Up
• Preferent Creditor Claim

Transnet Soc Ltd t/a Transnet Property v Defensor Electronic Security Systems (Proprietary) Limited (535/2016)

Transnet Soc Ltd t/a Transnet Property v Defensor Electronic Security Systems (Proprietary) Limited (535/2016) [2016] ZAFSHC 119 (21 July 2016)

Court

Free State High Court, Bloemfontein

Case number

535/2016

Judge

Rampai

The High Court refused Transnet’s eviction application, finding that a new lease arrangement or tacit relocation legalised the respondent’s continued occupation.

• Eviction
• Tacit Relocation
• Landlords Tacit Hypothec
• Lease Termination
• Rei Vindicatio
• Lease-termination

Holderness NO and Others v Maxwell and Others (6518/11)

Holderness NO and Others v Maxwell and Others (6518/11) [2012] ZAKZPHC 49 (31 July 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6518/11

Judge

K Pillay

The court held that the first respondent, as landlord, was made aware of the Trust's ownership of the Razzle Dazzle Herd before any attachment was effected. In line with the majority decision in Eight Kaya Sands, once the landlord becomes aware of third-party ownership prior to perfection, the basis for extending the hypothec is removed. There is no legal justification for the property of a third party to serve as security for the tenant's debt. The first respondent's counter-application for attachment failed, and he was ordered to deliver possession and control of the herd to the trustees, a…

Source excerpt

• Landlords Tacit Hypothec
• Interim Relief
• Ownership Dispute
• Sequestration
• Accounting Of Proceeds