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South Africa decisions
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Rightplay Business Rehabilitation (Pty) Ltd v Transnet SOC Ltd (A129/2024) [2025] ZAGPPHC 300 (20 March 2025)
The High Court dismissed an appeal against refusal of a spoliation order over rooftop equipment, holding the appellant lacked possession, locus standi, and joined parties were necessary.
Swissport South Africa (Pty) Ltd v Cemair (Pty) Ltd (2023-067763) [2024] ZAGPJHC 1266 (10 December 2024)
The applicant established ownership of the equipment, its continued existence and identifiability, and the respondent's possession at the time of the application. The respondent failed to prove the existence of a tacit lease agreement, as there was no unequivocal conduct or consensus between the parties after the expiry of the written Equipment Lease Agreement. The respondent's claim of a right of retention based on alleged damages and repairs was unsupported by evidence and contradicted by the correspondence and conduct of the parties. The respondent's defence of a tacit agreement was found…
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Salvage Genie (Pty) Ltd v ABSA Bank Limited and Others (019678/2022) [2024] ZAGPJHC 1029 (10 October 2024)
The court found that the applicant’s possession and the first respondent’s ownership of the vehicles were common cause, satisfying the requirements for rei vindicatio. The applicant failed to establish a valid right of retention, as a lien is merely security for a debt and cannot be ceded. The improvement lien held by previous workshops was lost upon voluntary release of the vehicles to the applicant, and the applicant did not acquire a lien through cession. Furthermore, the applicant did not make out a proper case for unjustified enrichment or damages to support a right of retention. The cou…
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South African National Roads Agency SOC Ltd v Machaba and Others (6406/2022) [2024] ZALMPPHC 11 (30 January 2024)
High Court eviction case involving leased farmland. The court held the lease had ended, the respondents had no lawful right to remain, and eviction under PIE was justified.
Cape Peninsula University of Technology v Ma-Afrika Hotels (Pty) Ltd - Counter-Application (4899/23) [2023] ZAWCHC 276 (10 November 2023)
The High Court found CPUT’s urgent counter-application for eviction persuasive, holding that Ma-Afrika’s lien-based possession was defeated by a tendered bank guarantee.
Van Rooyen N.O. and Another v Van Rensburg and Another (52957/2020) [2023] ZAGPPHC 1850 (27 October 2023)
The High Court granted an eviction order after finding the sale agreement was lawfully cancelled for breach and the respondent was an unlawful occupier under PIE.
Oosdeel Saalperdstoet 2 (Pty) Ltd v Bernardo and Others (5702/2022) [2023] ZAFSHC 388 (5 October 2023)
The court granted an eviction order after finding the applicants validly cancelled a farm sale agreement and the respondents failed to prove a retention lien.
Peterson N.O. v Adonarozas Kitchen (024617/2022) [2023] ZAGPJHC 1071 (7 August 2023)
The High Court granted summary judgment for arrear rent, interest, ejectment, and attorney-and-client costs after rejecting the defendants’ claimed defences.
Standard Bank of South Africa Ltd v Mohlabafase Panelbeating & Spraying Painting CC and Another (4692/2019) [2023] ZALMPPHC 17 (27 March 2023)
The High Court ordered a panelbeater to return a financed vehicle to Standard Bank after rejecting a lien claim for storage costs against the owner.
Leader Trailer Bodies (Pty) Ltd v Naude and Another (99/2023) [2023] ZANCHC 37 (9 February 2023)
Urgent spoliation relief was granted to restore a trailer removed from an agent’s premises, with the court rejecting the respondents’ counter-spoliation defence.
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