South Africa Case Law

Wacom (Pty) Ltd v Anchor Holdings 1983 (Pty) Ltd and Another (17483/2023P)

Wacom (Pty) Ltd v Anchor Holdings 1983 (Pty) Ltd and Another (17483/2023P) [2024] ZAKZPHC 127 (28 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17483/2023P

Judge

Chithi

The court found the application urgent, as the applicant acted promptly following the first respondent's refusal to release the property and attempted to resolve the matter before litigation. The applicant proved ownership of the property, as the first respondent did not seriously dispute this in any exchanges. The first respondent, as a warehouse operator, incurred necessary expenses for the preservation and protection of the property, entitling it to an enrichment lien in the form of a salvage lien. The applicant was aware of the payment dispute and continued to require services from the fi…

Source excerpt

• Rei Vindicatio
• Enrichment Lien
• Salvage Lien
• Urgency In Motion Proceedings
• Waiver Of Lien

Renasa Insurance Company Limited v B and L Towing 24 HR Assist (Pty) Ltd (2021/52108)

Renasa Insurance Company Limited v B and L Towing 24 HR Assist (Pty) Ltd (2021/52108) [2023] ZAGPJHC 1443 (1 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/52108

Judge

Francis

The High Court ordered release of a written-off vehicle to its insurer against R64,000 replacement security, pending action over disputed towing and storage charges.

• Rei Vindicatio
• Lien
• Security For Debt
• Enrichment
• Salvage Lien
• Rei-vindicatio

Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022/008554)

Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022/008554) [2023] ZAGPPHC 1186 (2 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/008554

Judge

E van der Schyff

The applicant established locus standi through ownership and undisputed possession of the vehicles. The respondent failed to prove that towing and storage were necessary for the preservation of the vehicles, as no evidence was presented that the vehicles were at risk of damage or loss prior to removal. The mere presence of security measures at the respondent's premises does not render storage necessary for preservation. The respondent's contractual arrangements were with the drivers, not the owner, and the respondent did not demonstrate that the applicant was unjustly enriched. Consequently,…

Source excerpt

• Rei Vindicatio
• Salvage Lien
• Enrichment Liability
• Debtor Creditor Lien
• Locus Standi
• Necessary Expenses

Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022-008554)

Springs Car Wholesalers (Pty) Ltd t/a No Finance Cars v Diamond Panelbeaters and Towing CC (2022-008554) [2023] ZAGPPHC 1168 (11 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022-008554

Judge

E van der Schyff

The High Court held that a towing company failed to prove a salvage lien over two vehicles and ordered them returned to the owner.

• Rei Vindicatio
• Salvage Lien
• Enrichment Lien
• Lawful Possession
• Necessary Expenses
• Locus Standi

Santam Limited v Selby Panel & Paint Proprietary Limited (005540/2022)

Santam Limited v Selby Panel & Paint Proprietary Limited (005540/2022) [2023] ZAGPJHC 776 (15 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

005540/2022

Judge

Pearse AJ

The High Court ordered release of a damaged vehicle subject to substitute security held in trust for disputed storage charges and awarded attorney-and-client costs.

• Salvage Lien
• Substitute Security
• Release Of Property
• Storage Charges
• Salvage-lien
• Substitute-security

Technique Powerfloat Floors (Pty) Ltd v V and Another (48590/2017)

Technique Powerfloat Floors (Pty) Ltd v V and Another (48590/2017) [2017] ZAGPPHC 760 (3 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

48590/2017

Judge

Phiyega

Summary judgment granted for delivery of a Toyota Hilux. The court held the applicant proved ownership and the respondents failed to prove any lien defence.

• Rei Vindicatio
• Ownership Of Motor Vehicle
• Debtor And Creditor Lien
• Salvage Lien
• Rei-vindicatio
• Motor-vehicle-ownership

Naidoo v Sanbonani Express Freight and Another (7816/2007)

Naidoo v Sanbonani Express Freight and Another (7816/2007) [2008] ZAKZHC 9; 2008 (5) SA 530 (D); (19 February 2008)

Court

High Courts - Kwazulu Natal

Case number

7816/2007

Judge

Levinsohn

The applicant is the owner of the goods in question, and there is no privity of contract between him and the first respondent. The first respondent's claim to a salvage lien fails because it did not provide any evidence of actual expenditure on storage or insurance, nor did it demonstrate that the applicant was unjustly enriched. The legal requirements for a salvage lien, as established in case law, were not met. The citation of the first respondent was found to be sufficient and non-prejudicial. Accordingly, the applicant is entitled to delivery of the goods and costs.

Source excerpt

• Lien
• Salvage Lien
• Unjust Enrichment
• Delivery Of Goods
• Citation Amendment

Campbell v Ram International Transport (Pty) Ltd (A1480/2004, 24031/2003)

Campbell v Ram International Transport (Pty) Ltd (A1480/2004, 24031/2003) [2005] ZAGPHC 275 (15 June 2005)

Court

High Courts - Gauteng

Case number

A1480/2004, 24031/2003

Judges

Van der Merwe, Mynhardt, Prinsloo

The defendant disclosed a bona fide defence to the plaintiff's rei vindicatio by demonstrating that it contracted with THC and holds a contractual lien over the parcel of coins until THC pays all amounts due. The defendant also raised an arguable case for a salvage lien, having incurred expenses for the benefit of the coin owners. The court a quo failed to consider these defences and improperly granted summary judgment, which would have forced the defendant to breach its contract with THC. The summary judgment remedy is stringent and should only be granted where the plaintiff's case is unansw…

Source excerpt

• Summary Judgment
• Rei Vindicatio
• Lien
• Salvage Lien
• Contractual Obligations

Air Products SA (Pty) Ltd v African Oxygen Ltd (14762/01)

Air Products SA (Pty) Ltd v African Oxygen Ltd (14762/01) [2003] ZAGPHC 15 (26 November 2003)

Court

High Courts - Gauteng

Case number

14762/01

Judge

Willis

The High Court granted an owner’s vindicatory claim for return of LPG cylinders and rejected the respondent’s alternative salvage-lien defence.

• Actio Rei Vindicatio
• Ownership Proof
• Salvage Lien
• Actio-rei-vindicatio
• Ownership
• Salvage-lien