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Right of solicitor to exercise a lien
The Guidance and Ethics Committee wishes to draw the profession’s attention to the ex tempore judgement of the President of the High Court in the case of Aderonke Adenekan and Another v Ashimedua Okonkwo ([2019] 25 SA). This case concerned the right of a solicitor to exercise a lien over a passport.
The president did not make a determination as to whether or not a passport can be the subject of a retaining lien, as that question did not come before him. He did, however, make it clear that there are circumstances in which the exercise of a retaining lien may be unreasonable and, in such circumstances, he had no hesitation in ordering the return of the passport forthwith.
