Corporate Premium Cleaning CC v Van Baalen (34431/2013) [2014] ZAGPPHC 774 (18 September 2014)

Corporate Premium Cleaning CC v Van Baalen (34431/2013) [2014] ZAGPPHC 774 (18 September 2014)

The respondent's withdrawal of R304,279.00 from the applicant's bank account constituted unlawful self-help, as he failed to obtain judicial sanction before removing the funds. The law prohibits individuals from taking the law into their own hands, regardless of any perceived entitlement to the property. The applicant established the requisites for a mandament van spolie, and as such, the respondent's counter-claim based on his alleged rights in the loan account was dismissed without consideration of the merits. The respondent's conduct was found to be unlawful, and the order for repayment, interest, and costs was confirmed.

Citation
[2014] ZAGPPHC 774
Parties
Applicant: Corporate Premium Cleaning CC; Respondent: Van Baalen P
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 September 2014
Case Number
34431/2013
Procedural Posture
Civil Application / Reasons for Judgment Following Final Order
Outcome
The respondent's withdrawal was unlawful; the applicant's claim succeeded and the counter-claim was dismissed.
Judges
T J Raulinga
Legal Topics
Mandament Van Spolie, Self Help, Counter Claim, Corporate Member Loans
Civil Procedure Commercial and Corporate Mandament Van Spolie Self Help Counter Claim Corporate Member Loans

Case Brief

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Parties

Corporate Premium Cleaning CC

Applicant

Van Baalen P

Respondent

Procedural Posture

Civil Application / Reasons for Judgment Following Final Order

Legal Issues

  1. 1 Whether the respondent was entitled to withdraw R304,279.00 from the applicant's bank account without judicial sanction.
  2. 2 Whether the respondent's conduct constituted unlawful self-help.
  3. 3 Whether the applicant established the requisites for a mandament van spolie.

Ratio Decidendi

The respondent's withdrawal of R304,279.00 from the applicant's bank account constituted unlawful self-help, as he failed to obtain judicial sanction before removing the funds. The law prohibits individuals from taking the law into their own hands, regardless of any perceived entitlement to the property. The applicant established the requisites for a mandament van spolie, and as such, the respondent's counter-claim based on his alleged rights in the loan account was dismissed without consideration of the merits. The respondent's conduct was found to be unlawful, and the order for repayment, interest, and costs was confirmed.

Court Disposition

The respondent's withdrawal was unlawful; the applicant's claim succeeded and the counter-claim was dismissed.

Orders

  • The respondent must pay the applicant R304,279.00.
  • The respondent must pay interest on R304,279.00 at 15.5% per annum from 27 May 2013 until date of final payment.