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South Africa Case Law

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Civil Procedure [2021] ZALCJHB 288

Dhlamini v Baloyi and Others (J613/21)

Dhlamini v Baloyi and Others (J613/21) [2021] ZALCJHB 288 (16 September 2021)

The Labour Court dismissed an interpleader claim over attached movable property because the claimant failed to identify the rightful owner or prove ownership.

  • Interpleader Proceedings
  • Rule 58 Uniform Rules
  • Ownership Of Attached Property
  • Interpleader-proceedings
  • Rule-58
  • Attached-movable-property
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Admiralty And Maritime [2019] ZAGPJHC 547

Trustees for the Time Being of Copenship Bulkers A/S and Others v Afrigrain Marketing (Pty) Limited and Others (18/668)

Trustees for the Time Being of Copenship Bulkers A/S and Others v Afrigrain Marketing (Pty) Limited and Others (18/668) [2019] ZAGPJHC 547; 2020 (4) SA 188 (GJ) (6 August 2019)

The High Court held that the Sheriff could use interpleader over funds arrested as security under admiralty rules, and dismissed the application.

  • Interpleader Proceedings
  • Admiralty Jurisdiction Regulation Act
  • Arrest Of Property
  • Costs Award
  • Rule 58 Uniform Rules
  • Section 5 Ajr Act
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Civil Procedure [2016] ZAGPPHC 1011

Sheriff of the Supreme Court, Pretoria East v Pierre Pienaar NO Janare Trust and Others, In re: Silverlakes Home Owners Association v Pienaar (80178/15; 76672/2014)

Sheriff of the Supreme Court, Pretoria East v Pierre Pienaar NO Janare Trust and Others, In re: Silverlakes Home Owners Association v Pienaar (80178/15; 76672/2014) [2016] ZAGPPHC 1011 (7 November 2016)

Interpleader proceedings over attached goods were referred to trial after disputes about ownership and alleged forged invoices could not be resolved on affidavit.

  • Interpleader Proceedings
  • Rule 58 Uniform Rules
  • Ownership Dispute
  • Forgery And Fraud
  • Costs Award
  • Jurisdiction Transfer
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Civil Procedure [2014] ZAGPPHC 802

Alberts N.O. and Others v BMI Building Maintenance Installations CC and Another (49279/2013)

Alberts N.O. and Others v BMI Building Maintenance Installations CC and Another (49279/2013) [2014] ZAGPPHC 802 (16 October 2014)

Interpleader over R259,295 for air-conditioning work: the court held the payment belonged to TIC’s insolvent estate, not BMI, and awarded costs against BMI.

  • Interpleader Proceedings
  • Sub Contracting
  • Insolvency Distribution
  • Rule 58 Uniform Rules
  • Payment Certificates
  • Interpleader-proceedings
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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.