Goldberg and Others Lubbers' Trustee [1911] ZATPD 44 (13 April 1911)

Lien - Landlord's Lien - Effect of Attachment underJudgment for Rent - Tenant's lnsolvency - Preference for Judgment Costs - Law 13 of 1895, sec.30 - Magistrate's Court - Costs of Execution by Messenger

Where goods subject to the landlord's hypothec are attached on ihe leased premises, under a judgment for rent, a sufficient arrest or praeclusio of the goods is made to maintain the landlord's preference.
(Savory vs. Baldocchi (1907, T.S. 523), and Symons, vs The Messenger (1909, T.S. 749, distinguished.)

Costs of obtaining judgment to enforce a security, such as a landlord's hypothec for arrear rent, are entitled to be ranked in the debtor's insolvent estate preferently, in the same way as the secured debt, notwithstanding sec.30 of Law 13 of 1895.

Where a Messenger in the process of execution is obliged to remove goods and store them he is entitled to charge for looking after the goods as well as for storage space.