Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Scania Finance Southern Africa (Pty) Ltd v Mbumba Transport and Logistics RSA (Pty) Ltd (4074/2022) [2024] ZAMPMHC 1 (8 January 2024)
The High Court dismissed Scania Finance’s declaratory application, holding that lis pendens applied and that the relief would improperly pre-empt a pending appeal.
Resichem (Pty) Ltd v Polywhiz Trading (Pty) Ltd (2022/058) [2022] ZAGPJHC 281 (4 May 2022)
Urgent interim interdict granted to preserve consignment chemical stock pending later litigation over ownership and payment disputes.
Eskom Holdings v Imab Engineering (Pty) Ltd and Another (2019/39240) [2020] ZAGPJHC 59 (27 February 2020)
The High Court dismissed Eskom’s urgent application for ownership and interdictory relief over structural steel, finding Eskom failed to prove ownership or urgency.
Q.V Trading CC v KGK Diamonds SA (Pty) Ltd (34348/2018) [2019] ZAGPJHC 397 (30 September 2019)
The High Court dismissed a vindication claim for five diamonds, finding the applicant was estopped after placing the diamonds with Nevada on consignment.
Southern Ambition 201 CC v Minister of Police (704/2019) [2019] ZAECPEHC 59 (25 September 2019)
The applicant failed to establish ownership and lawful possession of the seized cigarettes, as the invoices provided do not sufficiently evidence a nexus to the goods and do not confirm payment or terms of sale. Even if ownership were established, the respondent's possession is authorized by statute, as criminal proceedings have been instituted against the applicant's sole member and his brother in connection with the seized goods. The striking of the matter from the roll does not amount to withdrawal or stay of prosecution, and the applicant has not shown there is no reasonable prospect of t…
Source excerpt
Poolman v Cordier and Others (2452/2016) [2017] ZANCHC 49 (10 March 2017)
The court found that the applicant had established a prima facie right to the proceeds of the cattle sale pending resolution of the underlying contractual dispute. The evidence supported the existence of the 3 November 2016 agreement requiring the proceeds to be paid into the applicant's attorney's trust account. The applicant demonstrated a reasonable apprehension of irreparable harm if the funds were not preserved, and the balance of convenience favoured granting the interim interdict. The applicant had no adequate alternative remedy, and the relief sought was not final in nature nor a Mare…
Source excerpt
Unsolicited goods (201604-0006803) [2016] ZACGSO 10 (13 May 2016)
The Ombud held that a television delivered after cancellation was not unsolicited goods under section 21 of the CPA, so ownership did not pass to the consumer.
Xander Resources Proprietary Ltd v Transnet Soc Limited and Others (39727/2015) [2016] ZAGPJHC 148 (8 April 2016)
The court referred a disputed ownership claim over manganese ore to trial because material factual disputes could not be resolved on the papers.
DBT Technologies (Pty) Limited v August General Servicing South Africa (Pty) Limited and Others (2015/04987) [2015] ZAGPJHC 337 (16 March 2015)
The court found that the applicant had paid for the steel materials and, based on the FIDIC contract (clause 7.7), ownership vested in the applicant upon payment. The respondents failed to provide any substantive evidence of third-party ownership or liens, nor did they produce affidavits from alleged steel suppliers. The schedules and invoices, including those generated by the first respondent's CEO, confirmed the applicant's ownership. The respondents' argument that 'employer' in the contract referred only to Eskom was rejected in light of the parties' conduct and the context of their contra…
Source excerpt
EACB Studio (Pty) Limited v Super Group Trading Limited and Another (13/16424) [2014] ZAGPJHC 113 (6 May 2014)
The High Court held that EACB Studio remained owner of identified unpaid goods at Razispace and ordered their return, with costs against Super Group Trading.
Explore more
