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South Africa Case Law

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Civil Procedure [2017] ZAECMHC 14

Mgadi v Calu and Another (1559/16)

Mgadi v Calu and Another (1559/16) [2017] ZAECMHC 14 (13 June 2017)

Executor succeeded in a rei vindicatio for return of a minibus. The first respondent failed to prove a lien for alleged repair and maintenance expenses.

  • Rei Vindicatio
  • Possessory Lien
  • Executor Powers
  • Enrichment Claims
  • Rei-vindicatio
  • Possessory-lien
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Civil Procedure [2014] ZAGPPHC 981

Close-up Mining (Pty) Ltd v Canyon Resources (Pty) Ltd (77941/2014)

Close-up Mining (Pty) Ltd v Canyon Resources (Pty) Ltd (77941/2014) [2014] ZAGPPHC 981 (13 November 2014)

Urgent High Court dispute over a mining contractor’s lien, possession of a colliery area and yard, alleged set-off, and competing spoliation claims.

  • Mining Contract Dispute
  • Possessory Lien
  • Urgent Interdict
  • Spoliation
  • Set Off
  • Security For Claim
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Admiralty And Maritime [2006] ZAWCHC 16

Taxfield Shipping Limited v Cargo Currently Laden on Board the MV New Market and Others (AC29/06)

Taxfield Shipping Limited v Cargo Currently Laden on Board the MV New Market and Others (AC29/06) [2006] ZAWCHC 16; 2006 (5) SA 114 (13 April 2006)

The court set aside the arrest of cargo on the MV New Market, holding that the shipowner had a contractual possessory lien under the charterparty.

  • Possessory Lien
  • Incorporation Of Charterparty Terms
  • Arrest In Rem
  • Admiralty Jurisdiction
  • Impossibility Of Performance
  • Admiralty-law
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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.