Barrow v Baker [1911] ZATPD 143 (27 October 1911)

Reported
Flynote

lnterdict - Difference between Personal Interdict and Attachment - Appeal - Point not taken below - lnterpleader - Practice - Making Orders and Serving of them on Sunday - Proclamation 21 of 1902

 

Case summary

An order restraining A. from removing goods from certain premises is a personal interdict operative only against A. or any person acting on his behalf, and is not an attachment of the said goods
(Symons vs The Messenger, 1909, T.S. 749, followed)

In a dispute as to validity of an attachment by a messenger, if a party desire to proceecl by way of interpleader, he must raise the point in the court, of first instance, and if he do not do so, he will not be allowed to raise it on appeal.

Quaere whether an interdict can be validly granted or settled on a Sunday.

 


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