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South Africa decisions
Decisions matching the current search
Liftcor (Pty) Ltd v ABSA Vehicle Management Solutions (Pty) Ltd (2022/040937) [2025] ZAGPJHC 698 (18 July 2025)
The High Court dismissed Liftcor’s late application for leave to appeal, finding no reasonable prospects of success and awarding costs against the applicant.
Konate Logistics (Pty) Ltd v Minister of Police (16236/2021) [2025] ZAGPPHC 629 (23 June 2025)
The High Court dismissed Konate Logistics’ claim for delivery or damages after finding it failed to prove ownership of the seized goods or locus standi.
BAL Logistics (Pty) Ltd t/a African Logistic Service v Mpact Plastic Containers (Pty) Ltd and Another (Appeal) (15893/22) [2025] ZAWCHC 231 (30 May 2025)
Full court appeal about a contractual lien over imported goods. The court held the respondents had not proved ownership and ordered security for the full claimed amount.
Emalahleni Local Municipality v Unlawful Occupiers of Erf 9[...] K[...] G[...] Extention 16, Emalahleni and Another (5451/2024) [2025] ZAMPMHC 2 (16 January 2025)
The High Court confirmed an urgent interdict against unlawful occupiers, upheld a locus standi point against the second respondent, and ordered costs.
Blue Sky Carriers (Pty) Ltd v Sylco Plant Hire (Pty) Ltd (A35/2022) [2023] ZAGPPHC 630 (26 July 2023)
The High Court dismissed an appeal over a CAT Loader vindication claim, holding that estoppel failed because the appellant relied on Tamarron, not the owner.
Maringa Boerdery (Pty) Ltd and Another v JS Timbers (Pty) Ltd (3523/2022) [2023] ZAMPMBHC 21 (14 April 2023)
The court found that the respondent's alleged disputes of fact were not genuine or raised in good faith, as the respondent failed to deny possession of the pivot or provide credible evidence of an adverse claim. The applicants demonstrated ownership through documentary evidence and established that the respondent was in possession of the pivot at the time of the application. The requirements for rei vindicatio were satisfied, and there was no basis to refer the matter for oral evidence. The applicants were entitled to the return of the pivot and costs on an attorney and client scale.
Source excerpt
Hellmann vs South African Civil Aviation Authority and Others (21/27401) [2023] ZAGPJHC 29 (18 January 2023)
The High Court held that Denise Hellmann, not Merchant West, owned the aircraft because Merchant West failed to prove transfer by constitutum possessorium.
MAN Financial Services (SA) (Pty) (RF) Ltd v Elsologix (Pty) Ltd and Others (36672/2020) [2021] ZAGPJHC 655 (24 August 2021)
The High Court ordered return of a MAN truck under an instalment sale agreement, finding the applicant retained ownership and had a contractual right to repossess after default.
Ackerman v Collect NO and Others ; Ackerman v Collect NO and Others (234/2017; 1650 /2017) [2020] ZAECGHC 57 (26 May 2020)
The court partly upheld the plaintiff’s claims over farm assets and a loan, dismissed the livestock claim and market-rental counterclaim, and apportioned costs.
BLC Plant Company (Pty) Ltd v Maluti-A-Phofung Local Municipality and Others (6054/2017) [2018] ZAFSHC 25 (8 March 2018)
The court granted an owner’s application for return of three Caterpillar machines, rejecting the municipality’s estoppel defence.
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