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South Africa Case Law

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Civil Procedure [2021] ZALCJHB 288

Dhlamini v Baloyi and Others (J613/21)

Dhlamini v Baloyi and Others (J613/21) [2021] ZALCJHB 288 (16 September 2021)

The Labour Court dismissed an interpleader claim over attached movable property because the claimant failed to identify the rightful owner or prove ownership.

  • Interpleader Proceedings
  • Rule 58 Uniform Rules
  • Ownership Of Attached Property
  • Interpleader-proceedings
  • Rule-58
  • Attached-movable-property
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Civil Procedure [2017] ZAGPJHC 423

Sheriff of the High Court, Westonaria v Business Partners Limited and Another; In re: Business Partners Limited v Vision Tissue CC and Others (2016/25862)

Sheriff of the High Court, Westonaria v Business Partners Limited and Another; In re: Business Partners Limited v Vision Tissue CC and Others (2016/25862) [2017] ZAGPJHC 423 (14 December 2017)

High Court interpleader over attached household goods held the second claimant proved ownership on a balance of probabilities; the sheriff was ordered to release the property.

  • Interpleader Proceedings
  • Ownership Of Attached Property
  • Burden Of Proof
  • Probabilities In Factual Disputes
  • Interpleader-proceedings
  • Attached-property
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Civil Procedure [2011] ZALCCT 33

National Bargaining Council for the Clothing Manufacturing Industry v Z Knitting CC (C179/2011)

National Bargaining Council for the Clothing Manufacturing Industry v Z Knitting CC (C179/2011) [2011] ZALCCT 33 (25 March 2011)

In an interpleader dispute, the Labour Court held that the claimant’s affidavit did not set out ownership of attached goods with sufficient particularity and barred the claim.

  • Interpleader Proceedings
  • Ownership Of Attached Property
  • Rule 58 High Court Rules
  • Interpleader-proceedings
  • Ownership-of-attached-property
  • Rule-58
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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.