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South Africa decisions
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Horn v Ovofield (Pty) Ltd (2986/2024) [2025] ZAECQBHC 7 (20 March 2025)
The High Court granted substituted security for a builder’s lien and ordered restoration of possession to the applicant, with costs on the High Court scale.
Fontana Di Purezza (Pty) Ltd ta Manzi Northcliff v Trustees for Time Being OG ZYZZYVA Trust (2024/120994) [2025] ZAGPJHC 154 (6 February 2025)
The court found that the applicant failed to establish true urgency, as the delay of two months before launching the application rendered the matter inappropriate for urgent relief. The applicant's concerns regarding the safety of the equipment and premises, as well as the alleged risk to assets, did not constitute objective urgency. The applicant's urgency was self-created. Furthermore, the proprietary and partnership disputes between the parties were complex and unsuitable for resolution in urgent motion proceedings. The applicant did not demonstrate a clear right to the interdictory relief…
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Unemployment Insurance Fund and Another v Johnson and Others (134443/2023) [2024] ZAGPPHC 1336 (13 December 2024)
High Court granted section 18(3) relief keeping an earlier order enforceable pending appeal, to secure public funds advanced under a mezzanine facility.
Segaole Trucking and Transport v Man Financial Services SA (Pty) Ltd t/a Man Financial Services (Leave to Appeal) (39/2023) [2024] ZANWHC 311 (31 October 2024)
The High Court dismissed leave to appeal against summary judgment confirming cancellation of instalment sale agreements and return of goods.
Washiriki 3 Oaks (Pty) Limited v Akani Properties (Pty) Limited (013873/2022) [2024] ZAGPJHC 734 (14 August 2024)
The High Court dismissed a winding-up application, finding the debt was genuinely disputed and the respondent’s ring-fenced funds weighed against insolvency.
Botha v J.D.M (84792/2014) [2024] ZAGPPHC 807 (31 July 2024)
The High Court upheld a prescription defence and dismissed a claim that an attorney breached a mandate by authorising release of R750,000 without security.
Renasa Insurance Company Limited v B and L Towing 24 HR Assist (Pty) Ltd (2021/52108) [2023] ZAGPJHC 1443 (1 December 2023)
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.
Linde and Associates NO 131 INC v Nedbank Limited and Others (2023/051824) [2023] ZAGPJHC 1382 (28 November 2023)
The High Court dismissed leave to appeal, holding that revoking a power of attorney did not destroy Medicross’s security under a cession of book debts.
Ranthako N.O v Chelin (17108/2022) [2023] ZAGPPHC 1905 (17 November 2023)
The court found that the respondent was entitled to exercise a contractual lien over the horses for unpaid stabling and upkeep fees, but that this lien did not extend to the horse passports. The passports, while necessary for competitions and transport, do not constitute possession or control of the horses themselves. Once the respondent relinquished possession of two horses, Valentia and Lux, she lost her lien over them and should have delivered their passports to the applicant. In respect of Volare, the respondent retained possession and control, but the ongoing costs and diminishing value…
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Spring Car Wholesalers (Pty) Ltd t/a No Finance Cars v F & H Motors CC (1713/2023) [2023] ZAFSHC 341 (23 August 2023)
The court found that the applicant is the lawful owner of the vehicle and has been deprived of possession and potential rental income due to the respondent's retention. The respondent's lien arises from repairs contracted by Mr Mmolaoa, who has abandoned the vehicle and is not a party to these proceedings. The applicant provided adequate security for the respondent's claim, and the parties agreed that the security would be held by the respondent's attorney. The court exercised its discretion to order delivery of the vehicle to the applicant against provision of security, finding that the resp…
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