Izicash (Pty) Ltd v Kamoza Technology Solutions CC and Others (47216/2021) [2023] ZAGPPHC 762 (30 August 2023)

Izicash (Pty) Ltd v Kamoza Technology Solutions CC and Others (47216/2021) [2023] ZAGPPHC 762 (30 August 2023)

The court found that the plaintiff had established a case for default judgment against the first and second defendants. The mistaken payment was made into the first defendant's account, and in law, constitutes its asset. The first defendant, as a juristic person, is liable for the debt. The second defendant, having acknowledged the error and failed to defend, is held jointly and severally liable with the first defendant. The third defendant, who is defending the action, is not prejudiced by this order as she is not a party to the current proceedings and the matter against her remains pending. No memorandum of incorporation was provided to alter the default position under the Companies...

Citation
[2023] ZAGPPHC 762
Parties
Plaintiff: Izicash (Pty) Ltd; Defendant: Kamoza Technology Solutions CC; Defendant: Malesela Richard Makhafola; Defendant: Tebora Pearl Morifi
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 August 2023
Case Number
47216/2021
Procedural Posture
Default Judgment Application / Unopposed Motion; Rule 31(2)(a) Application
Outcome
Default judgment granted against the first and second defendants; action against the third defendant remains pending.
Judges
Mosopa
Legal Topics
Default Judgment, Mistaken Payment, Company Liability, Joint and Several Liability
Civil Procedure Commercial and Corporate Default Judgment Mistaken Payment Company Liability Joint and Several Liability

Case Brief

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Parties

Izicash (Pty) Ltd

Plaintiff

Kamoza Technology Solutions CC

Defendant

Malesela Richard Makhafola

Defendant

Tebora Pearl Morifi

Defendant

Procedural Posture

Default Judgment Application / Unopposed Motion; Rule 31(2)(a) Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to default judgment against the first and second defendants for the amount mistakenly paid.
  2. 2 Whether granting judgment against the first defendant prejudices the third defendant who is defending the action.
  3. 3 Whether the second defendant is jointly and severally liable with the first defendant for the amount claimed.

Ratio Decidendi

The court found that the plaintiff had established a case for default judgment against the first and second defendants. The mistaken payment was made into the first defendant's account, and in law, constitutes its asset. The first defendant, as a juristic person, is liable for the debt. The second defendant, having acknowledged the error and failed to defend, is held jointly and severally liable with the first defendant. The third defendant, who is defending the action, is not prejudiced by this order as she is not a party to the current proceedings and the matter against her remains pending. No memorandum of incorporation was provided to alter the default position under the Companies...

Court Disposition

Default judgment granted against the first and second defendants; action against the third defendant remains pending.

Orders

  • Judgment is granted against the first and second defendants jointly and severally for payment of R492,970.00.
  • The second defendant is declared liable with the first defendant in respect of any liability to the plaintiff as per the prayers.