South Africa Case Law

Koopkrag (Pty) Ltd v Taute, Bouwer and Cilliers Inc and Others (A166/2024)

Koopkrag (Pty) Ltd v Taute, Bouwer and Cilliers Inc and Others (A166/2024) [2025] ZAGPPHC 165 (14 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A166/2024

Judges

Yende AJ, Labuschagne J, Mazibuko AJ

The Full Court held that the sheriff failed to comply with the procedural requirements by not notifying Koopkrag, the title holder, of the date of the auction as required by Rule 42(2) of the Magistrates' Courts Rules. The motor vehicle, being subject to an instalment sale agreement, was not susceptible to attachment under the landlord's tacit hypothec in terms of section 2(1)(b) of the Security by Means of Movable Property Act. The deprivation of Koopkrag's property without proper notice constituted arbitrary deprivation under section 25 of the Constitution. The sale in execution was therefo…

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• Sale In Execution
• Tacit Hypothec
• Interpleader Proceedings
• Security By Means Of Movable Property Act
• Arbitrary Deprivation Of Property
• Authority To Institute Proceedings

Mbongozi v Mac Mkunyana Investments (Pty) Ltd (135/2023)

Mbongozi v Mac Mkunyana Investments (Pty) Ltd (135/2023) [2023] ZAECMHC 61 (14 November 2023)

Court

Eastern Cape High Court, Mthatha

Case number

135/2023

Judge

P. C. N. Mjame

High Court dismissed a spoliation application for release of movable property left on leased premises after termination, finding no unlawful deprivation of possession.

• Mandament Van Spolie
• Lease Agreement
• Tacit Hypothec
• Unlawful Deprivation Of Possession
• Mandament-van-spolie
• Tacit-hypothec

Line Metals (Pty) Ltd v Shi and Others (03126/2022)

Line Metals (Pty) Ltd v Shi and Others (03126/2022) [2023] ZAGPJHC 909 (14 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

03126/2022

Judge

S D J Wilson

The High Court rescinded an order made in the absence of a necessary party, finding Line Metals had a direct and substantial interest in the goods at issue.

• Rescission Of Judgment
• Joinder Of Parties
• Tacit Hypothec
• Rent Interdict
• Rule 42
• Arrear Rent

Tswelopele Local Municipality v Tikwe Farming (Pty) Ltd and Others (1779/2022)

Tswelopele Local Municipality v Tikwe Farming (Pty) Ltd and Others (1779/2022) [2022] ZAFSHC 220 (29 August 2022)

Court

Free State High Court, Bloemfontein

Case number

1779/2022

Judge

Van Rhyn

The court found that the applicant failed to prove that its municipal council had authorised the institution of the proceedings, as required for a juristic person and especially for a public institution. The authority of the municipal manager or acting municipal manager to depose to affidavits was not sufficient; a council resolution was necessary and was not provided. Furthermore, the applicant did not establish the existence of a valid tacit hypothec, as the crops and movables had already been removed from the property by the time of the hearing, rendering the relief sought moot. The factua…

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• Tacit Hypothec
• Interim Interdict
• Locus Standi
• Lease Dispute
• Authority Of Municipal Manager

Venter N.O and Another v Alba Skrynwerkersgeboue (Pty) Ltd (1871/2021)

Venter N.O and Another v Alba Skrynwerkersgeboue (Pty) Ltd (1871/2021) [2022] ZANCHC 38 (22 July 2022)

Court

Northern Cape High Court, Kimberley

Case number

1871/2021

Judge

Mamosebo

The High Court's jurisdiction is not ousted by section 69(3) of the Insolvency Act, as neither the Act nor its interpretation excludes such jurisdiction expressly or by necessary implication. The applicants, as liquidators, are entitled to seek relief under section 69, and the requirement for a deputy sheriff's inventory does not apply in voluntary liquidation where assets are subject to a tacit hypothec and have been inventoried by an authorised agent. The applicants have made out a proper case for declaratory relief regarding the respondent's contraventions of sections 142 and 145 of the In…

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• Insolvency Act Search And Seizure
• Liquidation Procedure
• Exclusive Jurisdiction
• Declaratory Relief
• Tacit Hypothec
• Punitive Costs

Airports Company South Africa SOC Limited v Dot to Go Trading (Pty) Ltd and Others (10729/2020)

Airports Company South Africa SOC Limited v Dot to Go Trading (Pty) Ltd and Others (10729/2020) [2020] ZAWCHC 129 (15 October 2020)

Court

Western Cape High Court, Cape Town

Case number

10729/2020

Judge

Norton

The applicant failed to comply with its duty of full disclosure in its ex parte urgent application by omitting material facts, specifically the respondents' dispute of liability for arrear rental and their intention to continue leasing and upgrading the premises. These facts were highly relevant to the existence of a tacit hypothec and the urgency of the relief sought. The court found that proper disclosure would have influenced the outcome of the ex parte application. Furthermore, the dispute of fact regarding arrears, resolved in favour of the respondents under the Plascon-Evans rule, meant…

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• Ex Parte Applications
• Tacit Hypothec
• Full Disclosure Duty
• Lease Agreement Dispute
• Interim Interdict
• Costs Order

Kasi v Patinios and Another (D3502/2020)

Kasi v Patinios and Another (D3502/2020) [2020] ZAKZDHC 26 (24 July 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D3502/2020

Judge

M R Chetty

The court granted spoliatory relief restoring access to a restaurant premises, but dismissed an interdict over signage and stock removal.

• Mandament Van Spolie
• Urgent Interdict
• Landlord Tenant Dispute
• Tacit Hypothec
• Possession
• Self Help Remedy

Mackey N.O and Others v Gerhard Olivier Boerery (Pty) Ltd and Another (3535/2018)

Mackey N.O and Others v Gerhard Olivier Boerery (Pty) Ltd and Another (3535/2018) [2018] ZAECGHC 137 (28 December 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

3535/2018

Judge

M Roberson

The High Court rescinded an ex parte order obtained without disclosing a lease addendum and found the urgency justification inadequate.

• Ex Parte Applications
• Rescission Of Order
• Lease Agreement
• Tacit Hypothec
• Urgent Interdict
• Ex-parte-applications

Bam v Eastern Cape Development Corporation and Another (1787/2016)

Bam v Eastern Cape Development Corporation and Another (1787/2016) [2017] ZAECMHC 18 (29 June 2017)

Court

Eastern Cape High Court, Mthatha

Case number

1787/2016

Judge

RWN Brooks

The High Court upheld an exception to amended particulars of claim in a delict action, finding the pleading failed to allege facts supporting duty of care, tacit hypothec, and wrongfulness.

• Exception To Pleading
• Duty Of Care
• Tacit Hypothec
• Wrongfulness
• Quantum Of Damages
• Exception-to-pleading

Transnet Soc Ltd t/a Transnet Property v EBS Funeral and Tombstones Cash and Carry (4126/2014)

Transnet Soc Ltd t/a Transnet Property v EBS Funeral and Tombstones Cash and Carry (4126/2014) [2015] ZAFSHC 26 (19 February 2015)

Court

Free State High Court, Bloemfontein

Case number

4126/2014

Judge

E.K. Tsatsi

The High Court granted eviction and allowed a landlord’s tacit hypothec over movables after finding unpaid rent and rejecting a referral to trial.

• Eviction
• Landlord Tenant
• Tacit Hypothec
• Rei Vindicatio
• Arrear Rental
• Condonation