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South Africa decisions
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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.
Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510) [2025] ZAWCHC 286 (9 July 2025)
The court found the respondents' postponement application to be lacking in bona fides, unsupported by adequate explanation, and indicative of a tactical delay. The applicant had tendered sufficient substituted security for the alleged builder's lien, which exceeded the amount claimed and was held in attorneys' trust. The respondents failed to commence arbitration or provide any substantive defence. The applicant, as owner, was entitled to possession and access to the property, especially given the risks and responsibilities following transfer. The court exercised its discretion to grant urgen…
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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.
Mgwenya and Another v NMI Durban South Motors (Pty) Ltd t/a Garden City Motors Mbombela and Another (525/2023) [2025] ZAMPMBHC 44 (30 May 2025)
The High Court granted a partial stay of execution of a costs order, suspending attachment of the applicants’ right of action pending finalisation of the main action.
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.
Du Plooy and Another v Sheriff for the District of Virginia and Others (5326/2024) [2025] ZAFSHC 147 (29 May 2025)
The court dismissed an urgent application for an interdict over auctioned movable property, finding the matter moot and the applicants' ownership case unproven.
National Director of Public Prosecutions v Livia Transport (Pty) Ltd (540/2024; 5817/2023) [2025] ZAMPMBHC 29 (22 April 2025)
The court found that the requirements for a preservation of property order under section 38 of POCA were met, as there were reasonable grounds to believe the truck and trailers were used in the commission of Schedule 1 offences, including theft, fraud, forgery, and contraventions of the Second-Hand Goods Act and Criminal Matters Amendment Act. The innocence or otherwise of Livia Transport was irrelevant to the preservation application. The NDPP did not fail to disclose material information in its ex parte application, as it was not aware of the pending rei vindicatio application and was not a…
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Zeda Car Leasing (Pty) Ltd t/a Avis Fleet v Lifemed Emergency Services (Pty) Ltd (Leave to Appeal) (B4469/2023) [2025] ZAGPPHC 264 (14 March 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success on the rei vindicatio issue and awarding attorney-and-client costs.
Multiflat Residential Properties (Pty) Ltd - Eikehof (M) v Ali (011335/2024) [2025] ZAGPPHC 222 (11 March 2025)
The High Court granted eviction after finding the respondent breached a commercial lease, rejected points in limine on authority and ADR, and upheld costs on an attorney-client scale.
Makhabane and Others v Rapelang Orabeleng (Pty) Ltd and Others (7132/2024) [2025] ZAFSHC 92 (7 March 2025)
The High Court discharged a spoliation rule nisi over cattle, holding that the First Respondent was a bona fide third-party possessor and spoliation was not competent.
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