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South Africa decisions
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Rightplay Business Rehabilitation (Pty) Ltd v Transnet SOC Ltd (000183/2024) [2024] ZAGPPHC 91 (30 January 2024)
Urgent application dismissed after the court held the applicant lacked standing to seek spoliation relief over third-party goods and had failed to join interested parties.
Varymix Nineteen (Pty) Ltd t/a Domani Builders v Motheo Tvet College and Others (4101/2022) [2022] ZAFSHC 323 (16 November 2022)
The court held that the applicant regained possession, leaving only costs in issue. It declined to order personal costs against the second respondent or a referral to the Legal Practice Council.
SA Taxi Finance Solutions (Pty) Ltd v J and D Panelbeaters CC and Another (2606/2019) [2019] ZALMPPHC 61 (12 December 2019)
The High Court ordered the return of a vehicle held under a salvage lien once the owner tendered security for the claimed amount.
Vuka Uzenzele Plant Hire & Civils CC v Ho Hup Corporations (SA) (Pty) Ltd and Others (2326/2010) [2010] ZAECPEHC 54 (25 August 2010)
The court found that the applicant was in possession of the relevant portions of the construction sites, exercising a right of lien by maintaining its machinery and employees on site after suspending works due to unpaid invoices. The appointment of new contractors by the first respondent constituted spoliation, as it deprived the applicant of control over the sites. The court held that service at the principal place of business was valid, and that urgency was established due to the risk of losing the lien. The applicant was entitled to restoration of possession pending the finalisation of its…
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Buffalo Freight Systems (Pty) Ltd v Castleigh Trading (Pty) Ltd and Another (311/09) [2010] ZASCA 66; 2011 (1) SA 8 (SCA) ; [2011] 1 All SA 1 (SCA) (24 May 2010)
The Supreme Court of Appeal found that the appellant's standard trading terms and conditions, including the right of lien, remained operative despite the revocation of the credit line. The respondents' version of an oral compromise agreement was found to be inherently improbable, contradictory, and unsupported by contemporaneous conduct and documentation. The court held that no genuine dispute of fact existed and that the appellant was entitled to enforce its lien and recover the quantified debt, including the additional sum admitted by the respondent. The quantification of the claim was suff…
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