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

Econocom 183 CC t/a Econocom v Swanepoel and Another (59961/2014)

Econocom 183 CC t/a Econocom v Swanepoel and Another (59961/2014) [2014] ZAGPPHC 853 (18 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

59961/2014

Judge

Kubushi

Urgent spoliation relief was refused because the applicant failed to prove possession of the property when allegedly dispossessed.

• Mandament Van Spolie
• Builder Lien
• Possession
• Waiver Of Lien
• Motion Proceedings
• Factual Dispute Resolution