South Africa Case Law

Octavia Data Exchange (Pty) Ltd v Life Wise CC t/a Eldan Auto Body (2023-0662813)

Octavia Data Exchange (Pty) Ltd v Life Wise CC t/a Eldan Auto Body (2023-0662813) [2024] ZAGPPHC 956 (20 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-0662813

Judge

A.K. Ramlal

The applicant established ownership and title to the Mercedes Benz V 222, and the respondent was in possession of the vehicle at the time of the application. The respondent failed to prove any agreement with the applicant regarding storage costs and did not issue invoices or communicate such costs. The respondent's reliance on a tacit contract for storage costs was unsupported by evidence. The law does not permit a lien-holder to claim storage costs absent a contractual relationship with the owner. The respondent's purported counter-application was procedurally defective and could not be adju…

Source excerpt

• Rei Vindicatio
• Lien
• Storage Costs
• Debtor And Creditor Lien
• Counter Application
• Uniform Rules Of Court

Closetrade 200074 CC t/a Ilcor Engineering Services v Crossmoor Transport (Pty) Ltd (015441/2018)

Closetrade 200074 CC t/a Ilcor Engineering Services v Crossmoor Transport (Pty) Ltd (015441/2018) [2020] ZAGPJHC 250 (6 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

015441/2018

Judge

L T Modiba

The High Court held that Crossmoor repudiated two truck-manufacture agreements, dismissed belated exceptions, and awarded Ilcor damages and storage costs.

• Repudiation Of Contract
• Damages For Breach
• Storage Costs
• Waiver Of Suspensive Condition
• Actio Venditti
• Repudiation-of-contract

Steenkamp v Bradbury's Commercial Auto Body CC (2882/2019)

Steenkamp v Bradbury's Commercial Auto Body CC (2882/2019) [2020] ZALMPPHC 9 (23 January 2020)

Court

Limpopo High Court, Polokwane

Case number

2882/2019

Judge

EM Makgoba

The High Court held that a panel beater’s lien was lost when it voluntarily released a repaired vehicle and was not revived when the vehicle later returned for warranty work.

• Right Of Retention
• Debtor Creditor Lien
• Enrichment Lien
• Storage Costs
• Release Of Property
• Lien

BG Bojosinyane and Associates v Van Staden (CA&R77/2015)

BG Bojosinyane and Associates v Van Staden (CA&R77/2015) [2017] ZANCHC 67 (26 May 2017)

Court

Northern Cape High Court, Kimberley

Case number

CA&R77/2015

Judges

Kgomo, Williams, Mamosebo

Full-bench appeal on sheriff storage fees was upheld; the magistrate’s order was set aside because the trailer was never lawfully attached and no liability was shown.

• Magistrates Court Rules
• Warrant Of Execution
• Storage Costs
• Attorney Liability
• Judicial Attachment
• Sheriff-storage-costs

Mangaung Metropolitan Municipality v Maluti Plant Hire CC (4370/2014)

Mangaung Metropolitan Municipality v Maluti Plant Hire CC (4370/2014) [2015] ZAFSHC 133 (2 July 2015)

Court

Free State High Court, Bloemfontein

Case number

4370/2014

Judge

S C Mia

The court ordered return of municipal equipment on payment of undisputed invoices, and dismissed the contractor’s counter-application for costs and related relief.

• Specific Performance
• Counter Application
• Tender And Delivery
• Storage Costs
• Costs Order
• Specific-performance