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South Africa decisions
Decisions matching the current search
Nieuwoudt v Steyn and Another (2025-002319) [2025] ZAGPPHC 60 (22 January 2025)
Urgent spoliation relief was granted after the applicant was dispossessed of occupied property without a court order, and the second respondent was held bound by notice.
Salvage Genie (Pty) Ltd v ABSA Bank Limited and Others (019678/2022) [2024] ZAGPJHC 1029 (10 October 2024)
The court found that the applicant’s possession and the first respondent’s ownership of the vehicles were common cause, satisfying the requirements for rei vindicatio. The applicant failed to establish a valid right of retention, as a lien is merely security for a debt and cannot be ceded. The improvement lien held by previous workshops was lost upon voluntary release of the vehicles to the applicant, and the applicant did not acquire a lien through cession. Furthermore, the applicant did not make out a proper case for unjustified enrichment or damages to support a right of retention. The cou…
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Octavia Data Exchange (Pty) Ltd v Life Wise CC t/a Eldan Auto Body (2023-0662813) [2024] ZAGPPHC 956 (20 September 2024)
The applicant established ownership and title to the Mercedes Benz V 222, and the respondent was in possession of the vehicle at the time of the application. The respondent failed to prove any agreement with the applicant regarding storage costs and did not issue invoices or communicate such costs. The respondent's reliance on a tacit contract for storage costs was unsupported by evidence. The law does not permit a lien-holder to claim storage costs absent a contractual relationship with the owner. The respondent's purported counter-application was procedurally defective and could not be adju…
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Ryan v Wood (Leave to Appeal) (048177/2024) [2024] ZAGPPHC 879 (11 September 2024)
The High Court refused leave to appeal, finding no reasonable prospect of success and no compelling reason to hear the appeal. Costs were awarded on the attorney-and-client scale.
Mbongozi v Mac Mkunyana Investments (Leave to Appeal) (135/2023) [2024] ZAECMHC 102 (9 July 2024)
The High Court dismissed an application for leave to appeal, holding that the applicant showed no reasonable prospects of success on the spoliation-related grounds.
Old Mutual Insure Limited v Saider Towing Service CC (2021/2023) [2024] ZAECMHC 36 (23 May 2024)
The High Court ordered release of a towed vehicle after finding the insurer had tendered adequate substitute security to defeat the towing company’s lien.
Rightplay Business Rehabilitation (Pty) Ltd v Transnet SOC Ltd (000183/2024) [2024] ZAGPPHC 91 (30 January 2024)
Urgent application dismissed after the court held the applicant lacked standing to seek spoliation relief over third-party goods and had failed to join interested parties.
Renasa Insurance Company Limited v B and L Towing 24 HR Assist (Pty) Ltd (2021/52108) [2023] ZAGPJHC 1443 (1 December 2023)
The High Court ordered release of a written-off vehicle to its insurer against R64,000 replacement security, pending action over disputed towing and storage charges.
Cape Peninsula University of Technology v Ma-Afrika Hotels (Pty) Ltd - Counter-Application (4899/23) [2023] ZAWCHC 276 (10 November 2023)
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.
Standard Bank of South Africa Ltd v Mohlabafase Panelbeating & Spraying Painting CC and Another (4692/2019) [2023] ZALMPPHC 17 (27 March 2023)
The High Court ordered a panelbeater to return a financed vehicle to Standard Bank after rejecting a lien claim for storage costs against the owner.
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